PIPER S INTERNET CAFÉ, LLC END USER AGREEMENT

Transcription

1 PIPER S INTERNET CAFÉ, LLC END USER AGREEMENT 1. SUMMARY: The full End User Agreement consists of, an End User Agreement, a Privacy Policy, a Terms of Service, the Time Warner Cable Business Class agreement, and if utilized, all PayPal Terms of Services. You agree to read and abide by all aspects of this agreement, to abide by all applicable laws, not to use the Services for SPAM or similar purposes, to pay for services in accordance with the pricing designated on your Voucher, to accept sole and personal responsibility for anything you post, and to be personally subject to the Jurisdiction of Kentucky. You must be at least 18 to purchase services. 2. ABOUT THIS END USER AGREEMENT: The Piper s Internet Café, LLC End User Agreement [hereinafter EUA] consists of the terms expressed in this document, the Piper s Internet Café, LLC Privacy Policy, the Piper s Internet Café, LLC Commercial Terms of Service [hereinafter TOS], and any supplemental terms provided to you for any of the products, services, software, websites, and other goods and/or services offered, owned, or operated by Pipers Internet Café, LLC [collectively Services ]. This is a contract in electronic form between you [ you, your, and yourself and other like forms and usages] and Piper s Internet Café, LLC, it s parents, successors, subsidiaries, affiliates, and family brand members [ Piper s Internet Café, we, us, our, and other like forms and usages]. By using the Services or registering with us, you are agreeing to the EUA and may use our Services only in compliance with the EUA, Privacy Policy, and TOS. 3. DEFINITIONS: Device: A Device is any piece of hardware, including but not limited to, laptops, cell phones, desk top computers, game consoles with internet capacity, and any other item that can be used to access the internet. Page 1 of 8

2 User: The person or entity which purchases and makes use of Services. Voucher: A Voucher is an item provided by us which states your Voucher Code, the amount you have paid for access to our Services, the period of time for which access to our Services has been purchased, and the number of Devices which will be allowed to use a particular Voucher Code to access our Services. Voucher Code: A Code is a unique identifier provided by when you purchase Services and is used by us to grant you access to our Services. 4. FEES FOR SERVICES AND BILLING POLICIES: You agree to pay the amount shown on your Voucher or on the PayPal payment screen for the amount of access to our Services you have selected. This amount must be paid prior to using services either through directly paying by PayPal or paying the fee directly to a representative of Piper s Internet Café, LLC. We, in our sole discretion, may, without notice, change any or all aspects of any Service. You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone who you allow to use your account (including those with either actual or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information. You must notify us of any billing problems or discrepancies within thirty (30) days after they first appear on your billing statement. If you do not bring them to our attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies. 5. OBTAINING A VOUCHER AND CODE AND MAINTAINING ACCOUNT INFORMATION: You will need a Voucher with a Voucher Code to use some or all Services. Your Voucher will state that you have paid $ to access Services for a period of on number of Devices. Page 2 of 8

3 If you obtain a Voucher to allow multiple Devices access to our Services we may choose, at our sole discretion, to throttle access to certain Services in order to allow a better experience for all Users. To obtain a Voucher with a Code, you must be a United States resident and at least eighteen (18) years old. You must give us true and accurate information about yourself and keep that information up to date. You are solely responsible for maintaining the security of your Voucher. If you fail to maintain security or control over a Voucher you are responsible for any consequences, legal or otherwise, and may lose access to your personal information and any data obtained or maintained through our Services. We are not responsible for the release or loss of any information that is identified with your Voucher. In the event your Voucher is lost or stolen please report it to us immediately. If your Voucher is lost or stolen we may lock or terminate your Voucher Code, following a phone call or to us. If you fail to maintain security or control over a Voucher you agree to indemnify us for any damages that may result from such failure to maintain security or control. The duration of your Voucher will begin at the time of your first login or, if access to Services is purchased through PayPal, at the time of the PayPal purchase. Once your time begins there will be no refunds for any portion of time during which Services are not accessed unless we are responsible for a service outage. 6. USE OF SERVICES: To use our Services, you must: A: Comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities; B: Immediately notify us if you learn of a security breach or other illegal activity on the Services; Page 3 of 8

4 C: Not post content that contains explicit or graphic descriptions or accounts of sexual acts towards minors, is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another s privacy, or tortious; D: Not engage in an activity that is harmful to us or our customers, advertisers, affiliates, vendors, or anyone else; E: Not use any automated process to access or use the Services or any process, whether automated or manual, to capture data or content from any Service for any reason; F: Not use any service or any process to damage, disable, impair, or otherwise attack our Services or the networks connect to the Services; G: Accept full and sole responsibility for any and all material you post or access through our Services; and H: Be of legal age to purchase such services in the jurisdiction in which such purchases are made. To prevent violations and enforce this EUA and remediate any violations, we can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you. You are responsible for obtaining at your own expense all equipment and services needed to access our Services. If you are accessing our Services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services. Such charges are beyond our control and are solely your responsibility. We do not guarantee that our Services can be accessed through any or all mobile devices or through all wireless devices or that all other carriers service plans will be available through our Services or in all geographic locations. 7. OUR SERVICES: When providing you with our Services, we may display advertising within them and you agree to accept the advertising on whatever devices, including a wireless phone, you are using to access our Services. Page 4 of 8

5 We may, in our sole discretion, change any aspect of a Service or discontinue a Service without notice. The Services are based in the United States. They are not designed or customized for any other country. You may use them only if they comply with all of the following laws: The laws of the Commonwealth of Kentucky, the laws of the United States of America, and the laws of any other jurisdiction from which you are accessing or attempting to access the Services. 8. POSTING CONTENT THROUGH OUR SERVICES: You can post content to any forum available through our Services only if you: A. Own the rights to the content or you have the owner s express permission to post the content; B. The content does not infringe any other person s or entity s rights [including the copyrights, trademarks, or privacy rights] or violate any applicable laws or any other posted policies; C. Accept full and individual responsibility for the content of your postings and agree to indemnify us and hold us harmless in the event of any damages being sustained as a result of your posting. YOU FULLY ACCEPT AND WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOU OR ANYONE THROUGH YOUR ACCOUNT SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION THROUGH OUR SERVICES. 9. USE OF OUR CONTENT AND TRADEMARKS: Use of our Services may expose you to content that may contain our trademarks or trademarks of our vendors. We retain all rights to all content, trademarks, and the like, created by us, including all title, interests, compilations, collective work, or derivative work created by us using or incorporating our content or trademarks. You may not use any of our trade names, trademarks, service marks, logos, domain names, or any other distinctive brand features. 10. ANTI-SPAM POLICY: Page 5 of 8

6 You may not use or allow others to use your username or account with our Service to , instant message, voice mail, fax, chat, text, send spam or spam, or send any other unsolicited bulk communication. You may not access the Services to harvest or collect any information about our users for any purpose. You may not create multiple usernames or accounts for the purpose of sending unsolicited bulk communications through any Service. Any violation of these provisions may result in immediate termination of your account without refund and legal action. 11. SOFTWARE: You are solely responsible for ensuring that you have all necessary software to access our Services. 12. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON AND LIABILITY AND REMEDIES: Please read the following carefully before agreeing to this EUA: WE SUPPLY OUR SERVICES AS IS, WITH ALL FAULTS, AND AS AVAILABLE. WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING OUR SERVICES IS ACCURATE OR RELIABLE OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS GIVE NO EXPRESS WARRANTIES OR GUARANTEES NOR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON- INFRINGEMENT. YOUR ONLY REMEDY IN ANY DISPUTE WITH US, IS TO STOP USING SERVICES. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID. WE, OUR SUPPLIERS, AND VENDORS, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PIPER S INTERNET CAFÉ, LLC IN THE EVENT OF ANY DAMAGES CAUSED DIRECTLY OR INDIRECTLY BY YOUR USE OF OUR SERVICES. Page 6 of 8

7 TO THE EXTENT THAT ANY STATE IN WHICH WE OPERATE DOES NOT ALLOW US TO LIMIT OUR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR EXCLUDE CERTAIN WARRANTIES OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. 13. MERGER AND INTEGRATION: This EUA, Commercial TOS and Privacy Policy [all found here], any user agreements required by PayPal if paying through PayPal [found on the PayPal purchase screens], as well as any other supplemental terms for some Services constitutes the whole legal agreement between you and Piper s Internet Café, LLC and replaces any prior agreements between you and us. You acknowledge that you have read the documents and agreements set forth above in this section and have accepted all the terms of those documents and agreements. 14. AGREEMENT TO ARBITRATE: In any dispute in which litigation is proposed or initiated with Piper s Internet Café, LLC as a defendant or potential defendant, you agree to binding arbitration in the Commonwealth of Kentucky and subject to the laws prevailing in the Commonwealth of Kentucky. 15. CHOICE OF LAWS: You agree that the laws of the Commonwealth of Kentucky govern this contract and any claim or dispute that you may have against us, without regard to Kentucky s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability to this agreement. You further agree that any disputes or claims that you may have against us reside in and will be resolved in the Commonwealth of Kentucky. You agree and submit to the personal jurisdiction of the Commonwealth of Kentucky for any claim against us. BY AGREEING TO THESE TERMS OF USE, YOU ARE: WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF AND VENUE IN THE COMMONWEALTH OF Page 7 of 8

8 KENTUCKY; AND SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF ANY COMPETENT LEGAL BODY IN THE COMMONWEALTH OF KENTUCKY FOR PURPOSES OF CLAIMS AGAINST US. 16. EFFECT OF ELECTRONIC DOCUMENTS: Registrations, agreements, terms, and all other like documents presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Services electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. You are responsible for communications that do not reach you if you have not provided us with your current contact information. If you decide not to receive notices from us electronically, we may cancel your account and terminate access to Services. 17. NOTICE: All notices, including legal claims, must be sent to EDWARD ADKINS AS AGENT FOR PIPERS INTERNET CAFÉ, LLC. 526 PHILADELPHIA ST. COVINGTON, KY SEVERABILITY: If a competent court of law finds that any provision of this EUA is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. 19. ACCEPTANCE OF EUA: Use of Services shall act as acceptance of this EUA by you. Page 8 of 8