Date of last revision: 26th October 2010
Guidelines Regarding Children
Personal information about children is a concern for us all. At VisitorsCafe, we take the protection of children's privacy very seriously. VisitorsCafedoes not encourage participation or visitation by children. Visitors who are known to be under the age of 13 are prohibited from becoming a member and if it comes to VisitorsCafe's attention through reliable means that a user is a child under 13 years of age, VisitorsCafe will cancel that user's account immediately. Parents or guardians of users under 18 have the right to review their child's personal information at any time and may delete said information if so requested (email us at contact@VisitorsCafe.com with further questions about COPPA and your rights, or visit http://www.ftc.gov/ogc/coppa1.htm).
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Proprietary Rights in Site Content; Limited License
Proprietary Rights in Site Content; Limited License
VisitorsCafeand other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company'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 and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
You understand that the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
use automated scripts to collect information from or otherwise interact with the Service or the Site;
upload, post, transmit, share, store or otherwise make available any content that contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website or that is or may be deemed (as determined by us) harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends (with their consent), (ii) are taken by you or your friends (with their consent), or (iii) are original art or animation created by you or your friends (with their consent);
register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by ourVisitorsCafe Code of Conduct that provides further information regarding the authorized conduct of users on VisitorsCafe.
User Content Posted on the Site
You are solely responsible for the audio, video, photos, images profiles, messages, notes, text, information, music, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. VisitorsCafeis only a venue and does not screen or censor the profiles or Submitted Content offered. You understand and agree that VisitorsCafemay, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement or the VisitorsCafe Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company the rights set forth below. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.
Ownership and Rights to User Content
As a VisitorsCafe account holder, you may create and post User Content on the Site. You understand that once such User Content is posted,VisitorsCafe does not guarantee any confidentiality with respect to any User Content.
For clarity, you retain all of your ownership rights in your User Content. However, by submitting User Content to VisitorsCafe, you hereby grant VisitorsCafe a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the VisitorsCafe Site and VisitorsCafe's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of theVisitorsCafe Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the VisitorsCafe Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under these Terms of Service. After you remove your User Content from the Site, The Company shall use good faith efforts to cease public distribution via the Site as soon as practicable. However, nothing herein shall be deemed to terminate or impact the use rights granted by TalkVideo to third parties regarding such User Content prior to such removal. You understand and agree, however, that The Company may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable. If you do not wish to grant such rights, do not submit content to the Site.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on theVisitorsCafe website or service any materials that violate another party's intellectual property rights. If you believe your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, please send The Company’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. The Company’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, WebCam Generation, Inc.; Attn: Copyright Agent. Our Copyright Agent for notification of claimed infringement can also be reached electronically by sending an e-mail to contact@VisitorsCafe.com. We provide certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Use of Share Links by Online Content Providers
In the event that the Share Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of the Company, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Share Link on Online Content Provider's site and solely in the current form provided by the Company. In the event that the Share Link is a text link, it must include the word "VisitorsCafe" as part of the link. The rights granted in this paragraph may be revoked by Company at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Share Links from its site.
In order for an Online Content Provider to include a Share Link on its pages, the Third Party Site must not contain any web content that if shared or posted by a user would be a violation of the user conduct rules set forth above. Without limiting the forgoing, Online Content Provider agrees not to post a Share Link on any web site that contains, and represents and warrants that such web site does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Company or its users to any harm or liability of any type. Upon including of a Share Link, Online Content Provider agrees to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with such Share Link, any links, content or other items or materials which may be shared or posted through such Share Link, or any breach or alleged breach of the foregoing representations and warranties.
By including a Share Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Share Service in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which Online Content Provider places the Share Link.
TheVisitorsCafe Platform is a set of APIs and services provided byVisitorsCafe that enable third-party developers ("Platform Developers") to create websites and applications that retrieve data made available by VisitorsCafe and its users and/or that retrieve authorized data from third-party sites for use on the VisitorsCafe Site ("Platform Applications").
Platform Developers may use the VisitorsCafe Platform and create Platform Applications only in accordance with the terms and conditions set forth in an agreement entered into between VisitorsCafe and the Platform Developer ("Developer Terms"). Our standard Developer Terms consist of the VisitorsCafe Developer Terms of Service and the relatedVisitorsCafe Platform Application Guidelines. We may from time to time enter into separate agreements with certain third party Platform Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Platform Developer to only display your information in accordance with your VisitorsCafe privacy settings. The standard Developer Terms are subject to change without prior notice at any time, in the Company's sole discretion, so you should review these documents from time to time. ALL USE OF THE VISITORSCAFE PLATFORM IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
Terms of Sale
Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products or services from Company. By ordering products or services from Company through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Company's sole discretion so you should review the Terms of Sale each time you make a purchase.
Regarding usage of VisitorsCafe
Firstly, VisitorsCafe is a feature destinated to enhance the community experience on your site or blog. I should not be a feature that you use as the (or one of the) main attraction of your site or blog. Should you do so, VisitorsCafe is authorized to claim for the benefits you will make with it, except in the case where VisitorsCafe engage in a specific form of contract mentioning you are entitled to do so. Secondly, VisitorsCafe is entitled to merge the video chat traffic between sites / blogs dealing with similar topics in order to enhance the user experience (hence generating more chances for these sites to acquire new traffic), unless particular specification in a contract engaged by both parties (the "user" and VisitorsCafe). Finally, VisitorsCafe is also entitled to bridge this traffic with any further relevant destination site, should there be one in the future, unless particular specification.Payments Terms
VisitorsCafe proposes two types of products / services. Some are Free while some others require a fee. VisitorsCafe is entitled to display advertisement in the chat window of these products, unless particular specification. By ordering products or services from VisitorsCafe through the Site where fees are charged, you agree to be bound by and accept the applicable payment terms (the “Payment Terms”). The Payment Terms are subject to change; in VisitorsCafe’s sole discretion so you should review the Payment Terms each time you make a purchase. VisitorsCafewill post a change notice on the Site when there is a change to the Payment Terms.
Payments may not be supported in all countries, and select countries or jurisdictions may be banned from engaging VisitorsCafe or its users. Not supported or banned countries and jurisdictions are selected at sole the discretion of the VisitorsCafe.
We want to make payments convenient, so we allow you to make payments using a number of different payment sources, including but not limited to: credit cards, debit cards, PayPal or mobile. When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
Any questions or disputes regarding mobile phone billing, fees or payments should be addressed to your third party mobile phone service provider.
As part of our effort to keep the VisitorsCafe Site safe, we may take certain actions to reduce liability for users and us, including the following:
We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
We may cancel any transaction if we believe the transaction violates the Payment Terms, or we believe doing so may prevent financial loss.
We may place a delay on a payment for a period of time, limit payment sources for a transaction, and limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss.
We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law.
We may cancel any credits transferred, assigned, or sold in violation of the Payment Terms.
Disputes and Reversals
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss.
To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within thirty (30) days after the charge.
You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
If you enter into a transaction with a third party and have a dispute over the goods or services you purchased we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent.
We may intervene in disputes between users concerning payments but have no obligation to do so.
Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
For all billing-related inquiries, please email us at contact@VisitorsCafe.com.
You are solely responsible for your interactions with other VisitorsCafeusers. We reserve the right, but have no obligation, to monitor disputes between you and other users.
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by VisitorsCafe, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company 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 communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including without limitation any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE (INCLUDING THE SHARE SERVICE), ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S 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 COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
Governing Law; Venue and Jurisdiction
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including without limitation through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Please visit email us at contact@VisitorsCafe.com for more information.
Those terms and conditions are likely to evolve in time so we encourage you to consult them from time to time
The Information We Collect
When you visit VisitorsCafe you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and non-personal information collected by us as you interact with our Web Site.
When you register with VisitorsCafe, you provide us with certain personal information, such as your name, your email address, your gender, schools attended and any other personal or preference information that you provide to us, as well as, other linked social networks (i.e Facebook).
When you enter VisitorsCafe we collect your browser type and IP address. This non-personal information is gathered for all VisitorsCafe visitors. In addition, we store certain information from your browser using "cookies." A cookie is a piece of data stored on the user's computer tied to information about the user. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to VisitorsCafe. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature.
We also may use web beacons (defined below) to collect non-personal information about your use of our Web Site and the web sites of selected sponsors and advertisers, and your use of special promotions or newsletters. The information collected by web beacons (i) allows us to statistically monitor how many people are using our website and selected sponsors' and advertisers' sites, (ii) how many people open our emails, and (iii) for what purposes these actions are being taken. Our web beacons are not used to track your activity outside of our Web Sites or those of our sponsors'. We do not link non-personal information from web beacons to personally identifiable information without your permission. “web beacons” (also often referenced as "clear GIFs", "web bugs", "1-by-1 GIFs", "Single-Pixel GIFs", "1 x 1 Pixels", or "clear Pixels") are tiny graphic image files, imbedded in a web page in GIF, jpeg or HTML format, typically used to monitor activity on a web page and send back to its home server (which can belong to the host site, a network advertiser or some other third party) information from your browser, such as the IP address, the URL of the page on which the beacon is located, the type browser that is accessing the site and the ID number of any cookies on your computer previously placed by that server. Web beacons can also be used to place a cookie on your computer.
When you use VisitorsCafe you may set up your personal profile, form relationships, send messages, perform searches, set up sessions, add applications, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your friend list. When you update information, we may, but are not required to, keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.
Any improper collection or misuse of information provided on VisitorsCafe is a violation of the VisitorsCafe Terms of Service and should be reported to contact@VisitorsCafe.com.
If you choose to use our invitation service to tell a friend about our site, we will ask you for information needed to send the invitation, such as your friend's email address. We will automatically send your friend a one-time email or instant message inviting him or her to visit the site. VisitorsCafe stores this information to send this one-time invitation, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact us at contact@VisitorsCafe.com to request that we remove this information from our database.
VisitorsCafemay also collect information about you from other sources, such as newspapers, blogs, instant messaging services, and other users of theVisitorsCafe service through the operation of the service (e.g., photo tags) in order to provide you with more useful information and a more personalized experience.
By using VisitorsCafe, you are consenting to have your personal data transferred to and processed in the United States.
Children Under Age 13
VisitorsCafedoes not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register forVisitorsCafe or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on VisitorsCafe. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at contact@VisitorsCafe.com
Parents or guardians of users under 18 have the right to review their child's personal information at any time and may delete said information if so requested (email us at contact@VisitorsCafe.com with further questions about COPPA and your rights, or visit http://www.ftc.gov/ogc/coppa1.htm).
Use of Information Obtained by VisitorsCafe
When you register with VisitorsCafe you create your own profile and privacy settings. Your profile information, as well as your login name and photo, are displayed to people you’ve connected with on VisitorsCafe. We may occasionally use your name and email address to send you notifications regarding new services offered by VisitorsCafe that we think you may find valuable.
Profile information is used by VisitorsCafe primarily to be presented back to and edited by you when you access the service and to be presented to others permitted to view that information by your privacy settings.
Profile information you submit to VisitorsCafe will be available to users ofVisitorsCafe who you’ve connected with and who you allow to access the information through your privacy settings. Your login name and profile picture thumbnail will be available in search results across the VisitorsCafe network and those limited pieces of information may be made available to third party search engines. This is primarily so your friends can find you and send a friend request. People who see your name in searches, however, will not be able to access your profile information unless they have a relationship to you (friend, member of your networks, etc.) that allows such access based on your privacy settings.
VisitorsCafemay send you service-related announcements from time to time through the general operation of the service.
Generally, you may opt out of such emails here, though VisitorsCafe reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.
VisitorsCafemay use information in your profile without identifying you as an individual to third parties. We do this for purposes such as aggregating how many people in a network like a band or movie and personalizing advertisements and promotions so that we can provide you VisitorsCafe. We believe this benefits you. You can know more about the world around you and, where there are advertisements, they're more likely to be interesting to you. For example, if you put a favorite book in your profile, we might serve you an advertisement highlighting a screening of a similar one in your town. But we don't tell the publisher who you are.
We may use information about you that we collect from other sources, including but not limited to newspapers and Internet sources such as blogs, instant messaging services, VisitorsCafe Platform developers and other users of VisitorsCafe, to supplement your profile. Where such information is used, we generally allow you to specify in your privacy settings that you do not want this to be done or to take other actions that limit the connection of this information to your profile.
Sharing Your Information with Third Parties
VisitorsCafeis about sharing information with others — friends and people in your networks — while providing you with privacy settings that restrict other users from accessing your information. We allow you to choose the information you provide to friends and networks throughVisitorsCafe. Our network architecture and your privacy settings allow you to make informed choices about who has access to your information. We do not provide contact information to third party marketers without your permission. We share your information with third parties only in limited circumstances where we believe such sharing is 1) reasonably necessary to offer the service, 2) legally required or, 3) permitted by you. For example:
We may provide information to service providers to help us bring you the services we offer. Specifically, we may use third parties to facilitate our business, such as to host the service at a co-location facility for servers, to send out email updates aboutVisitorsCafe, to remove repetitive information from our user lists, to process payments for products or services, to offer an online job application process, or to provide search results or links (including sponsored links). In connection with these offerings and business operations, our service providers may have access to your personal information for use for a limited time in connection with these business activities. Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to the VisitorsCafe-specified purposes.
If you, your friends, or members of your groups use any third-party applications developed using the VisitorsCafe Platform ("Platform Applications"), those Platform Applications may access and share certain information about you with others in accordance with your privacy settings. You may opt-out of any sharing of certain or all information through Platform Applications on the Privacy Settings page. In addition, third party developers who have created and operate Platform Applications ("Platform Developers"), may also have access to your personal information (excluding your contact information) if you permit Platform Applications to access your data. Before allowing any Platform Developer to make any Platform Application available to you, VisitorsCafe requires the Platform Developer to enter into an agreement that, among other things, requires them to respect your privacy settings and strictly limits their collection, use, and storage of your information. However, while we have undertaken contractual and technical steps to restrict possible misuse of such information by such Platform Developers, we of course cannot and do not guarantee that all Platform Developers will abide by such agreements. Please note thatVisitorsCafe does not screen or approve Platform Developers and cannot control how such Platform Developers use any personal information that they may obtain in connection with Platform Applications. In addition, Platform Developers may require you to sign up to their own terms of service, privacy policies or other policies, which may give them additional rights or impose additional obligations on you, so please make sure to review these terms and policies carefully before using any Platform Application. You can report any suspected misuse of information through the VisitorsCafe Platform and we will investigate any such claim and take appropriate action against the Platform Developer up to and including terminating their participation in the VisitorsCafe Platform and/or other formal legal action.
We occasionally provide demonstration accounts that allow non-users a glimpse into the VisitorsCafe world. Such accounts have only limited capabilities (e.g., messaging is disabled) and passwords are changed regularly to limit possible misuse.
We may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through theVisitorsCafe service or using the VisitorsCafe name, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.
We let you choose to share information with marketers or electronic commerce providers through sponsored groups or other on-site offers.
We may offer stores or provide services jointly with other companies onVisitorsCafe. You can tell when another company is involved in any store or service provided on VisitorsCafe, and we may share customer information with that company in connection with your use of that store or service.
When you use VisitorsCafe, certain information you post or share with third parties (e.g., a friend or someone in your network), such as personal information, comments, messages, photos, videos, or other information, may be shared with other users in accordance with the privacy settings you select. All such sharing of information is done at your own risk. You should think carefully before posting any personally identifiable or health information in any forum. Please keep in mind that if you disclose personal information in your profile or when posting comments, messages, photos, videos, or other items, this information may become publicly available. Once you disclose any information, these disclosures can be seen, disclosed to or collected by third parties and may be used by others in ways neither you nor VisitorsCafe can control or predict, including to contact you for unauthorized purposes.
VisitorsCafewill not sell, license or disclose registered users business contact information to third parties for marketing purposes without the registered user's consent. VisitorsCafe may occasionally send promotional email messages to registered users on behalf of third party businesses without disclosing registered user information to the third party businesses on whose behalf the promotional emails are sent.
VisitorsCafetakes appropriate precautions to protect our users' information. Your account information is located on a secured server behind a firewall. When you enter sensitive information (such as credit card number or your password), we encrypt that information using secure socket layer technology (SSL). (To learn more about SSL, go to http://en.wikipedia.org/wiki/Secure_Sockets_Layer). Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services. If you have any questions about the security of VisitorsCafe Web Site, please contact us at contact@VisitorsCafe.com.
Contacting the Web Site
Those privacy terms and conditions are likely to evolve in time so we encourage you to consult them from time to time