StudyGroupCafe.com Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Effective Date 5/20/08
Your use of StudyGroupCafe.com is expressly conditioned on your acceptance of the following terms and conditions. By using this Site, you signify your assent to these terms and conditions, which constitute a binding legal agreement. If you do not agree with any part of the following terms and conditions, you must not use this Site. These terms and conditions also apply to the use of a user account that has already been set up.
1. OWNERSHIP
This web site ("Site") is operated by Bibadee, Inc., and each of its modules, is the copyrighted property of Bibadee. All software, documentation, and any content accessed through the software you use on Bibadee (collectively, "The Software") are protected by United States and international laws, including patent, trademark, copyright laws and treaties. None of the content or data found on this Site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Bibadee, Inc. In addition, the trademarks, logos and service marks displayed on this Site (collectively, the "Trademarks") are registered and are common law Trademarks of Bibadee, their respective affiliates, and various third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Bibadee or such other party that may own the Trademarks.
2. USE OF SITE
This Site, software and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Bibadee, except that you may download, display and print one copy of the materials presented on this Site on a single computer for your personal, non-commercial use only. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, patents, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. You may not (and you agree not to permit another person to): a) redistribute, sell or otherwise copy The Software; the website or any of its content b) modify, translate or create derivative works based on The Software, the website and any of its content; c) attempt to decompile, reverse engineer, disassemble or otherwise reduce The Software, website and its content to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; d) remove any identification, copyright or other proprietary notices; or e) create other software, website or content that incorporates the Software, website or content. Without limiting the foregoing, copying or reproduction of the software, website or its content to any other server or location for further reproduction or redistribution is expressly prohibited. You acknowledge that the Software, website or its content is not intended for use in connection with any high risk or strict liability activity and Bibadee makes no warranty and shall have no liability in connection with the use of the Software or site or content in any such situations or for that matter in any situation.
3. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site.
4. USER INFORMATION
You will provide information to StudyGroupCafe.com during the registration process and to StudyGroupCafe.com during the course of the use of the Site (the "User Information"). You represent and warrant: (1) that all User Information is accurate and complete at the time of registration, and (2) that User Information will be continuously updated such that the User Information shall at all times be current, accurate, and complete.
5. USER CONDUCT
You are solely responsible for all conduct and transmissions that take place through use of your user name and password. You represent, warrant and covenant that your use of the Site shall not: * violate any applicable local, state, national or international law, statute, ordinance, rule or regulation; * interfere with or disrupt computer networks connected to the Site; * impersonate any other person or entity, or make any misrepresentation as to your affiliation with any other person or entity; * forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information; * upload, post, transmit, publish, or distribute any material or information for which you do not have all necessary rights and licenses; * upload, post, transmit, publish, or distribute any material which infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; * interfere with or disrupt the use of the Site by any other user, nor "stalk", threaten, or in any manner harass another user; * upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Site, or that of other computer systems; * use the Site in such a manner as to gain unauthorized entry or access to the computer systems of others; * upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law; * upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or * reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes the Site, or any component thereof (including, but not limited to any materials or information accessible through the Site).
6. SYSTEM INTEGRITY
StudyGroupCafe.com makes reasonable commercial efforts to make the Site available, however, StudyGroupCafe.com is not responsible for any service interruptions. You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You shall not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure. StudyGroupCafe.com will not be liable for any loss resulting from a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
7. EXCLUSION OF WARRANTY
STUDYGROUPCAFE.COM, BIBADEE, BIBADEE.COM, TEACHERS, PROFESSORS, SCHOOLS, COLLEGES, UNIVERSITIES, DEPARTMENTS, ORGANIZATIONS, STAFF OF ANY SUCH ORGANIZATION, AFFIILIATES, ADVERTISERS AND ANYONE ELSE WHO REFERS YOU TO THE SITE, AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. STUDYGROUPCAFE.COM, BIBADEE, BIBADEE.COM, TEACHERS, PROFESSORS, SCHOOLS, COLLEGES, UNIVERSITIES, DEPARTMENTS, ORGANIZATIONS, STAFF OF ANY SUCH ORGANIZATIONS, AFFIILIATES, ADVERTISERS AND ANYONE ELSE WHO REFERS YOU TO THE SITE, AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE OR SOFTWARE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
8. LIMITATION OF LIABILITY
STUDYGROUPCAFE.COM, BIBADEE OR ITS DIRECTORS, EMPLOYEES OR AGENTS, BIBADEE.COM, TEACHERS, PROFESSORS, EDUCATORS, SCHOOLS, COLLEGES, UNIVERSITIES, DEPARTMENTS, ORGANIZATIONS, STAFF OF ANY SUCH ORGANIZATIONS, AFFIILIATES, ADVERTISERS AND ANYONE ELSE WHO REFERS YOU TO THE SITE, AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL STUDYGROUPCAFE.COM, BIBADEE OR ITS DIRECTORS, EMPLOYEES OR AGENTS, BIBADEE.COM, TEACHERS, PROFESSORS, EDUCATORS, COLLEGES, UNIVERSITIES, DEPARTMENTS, ORGANIZATIONS, STAFF OF ANY SUCH ORGANIZATIONS, AFFIILIATES, ADVERTISERS AND ANYONE ELSE WHO REFERS YOU TO THE SITE, AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY STUDYGROUPCAFE.COM, BIBADEE OR ITS DIRECTORS, EMPLOYEES OR AGENTS, BIBADEE.COM, TEACHERS, PROFESSORS, EDUCATORS, SCHOOLS, COLLEGES, UNIVERSITIES, DEPARTMENTS, ORGANIZATIONS, STAFF OF ANY SUCH ORGANIZATIONS, AFFIILIATES, ADVERTISERS AND ANYONE ELSE WHO REFERS YOU TO THE SITE, AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. In no event will company or its directors, employees or agents, teachers, professors, educators, schools, colleges, universities, departments, organizations, staff of any such organizations, affiliates, advertisers and anyone else 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 US $50.00. 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. In its sole discretion, in addition to any other rights or remedies available to Bibadee and without any liability whatsoever, either Bibadee may at any time and without notice may terminate or restrict your access to any component of this Site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
9. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold StudyGroupCafe.com, Bibadee, its officers, directors, owners, agents, advisors, counselors, information providers, licensors, licensees, bibadee.com, teachers, professors, educators, schools, colleges, universities, departments, organizations, staff of any such organizations, affiliates, advertisers and anyone else who refers you to the site or is affiliated with, and any third party providers and distributors and their officers, directors, employees, advisors and agents, harmless from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
10. LINKS
This Site contains links to other web sites, which are provided solely as a convenience to you and not as an endorsement by StudyGroupCafe.com, bibadee or its directors, employees or agents, bibadee.com, teachers, professors, educators, schools, colleges, universities, departments, organizations, staff of any such organizations, affiliates, advertisers and anyone else who refers you to the site, and any third party providers and distributors of the contents of such other web sites. None of StudyGroupCafe.com, bibadee or its directors, employees or agents, bibadee.com, teachers, professors, educators, schools, colleges, universities, departments, organizations, staff of any such organizations, affiliates, advertisers and anyone else who refers you to the site, and any third party providers and distributors shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
11. RELATIONSHIP
The relationship between the company and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
12. GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the state of Delaware, United States of America , without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of Delaware , United States of America , in all questions and controversies arising out of your use of this Site and this Agreement.
13. ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
14. REFERRAL PROGRAM
The referral program is intended for use by StudyGroupCafe.com customers, teachers, professors, educators, schools, colleges, universities, departments, organizations, staff of any such organizations, affiliates, advertisers and anyone else who wishes to refer students, colleagues, parents, family, friends, clients, customers to the site. Bibadee or StudyGroupCafe.com does not support spamming and any complaints received due to misuse of this program may result in the termination of your account. When you refer, we automatically send an e-mail to your referral on your behalf. Your referral will need to sign up as a new customer on the website and continue through the process to activate a new account. The referral program or for that matter any program may end at our discretion. We reserve the right to cancel/modify the referral program or any of our programs anytime with or without notice.
15. COMPETITIONS/NOMINATIONS/ SURVEYS
Competitions, surveys, teachers nomination awards and sweepstakes may possibly be announced on the site and may also list the date it begins, last day of entry and the date of prize announcements. There is no purchase necessary to enter these. Some competition may require you with the familiarity of the system in which case you will need to register and registration is free on StudyGroupCafe.com. All competitions are open to individuals of 18 or younger. Parents must submit any entry on behalf of their kids. There are 2 ways to participate, on-line and by mail. (a) To participate in any competition, nomination, contest or quiz in an on-line fashion, go to StudyGroupCafe.com, login and follow directions at the website. If you are not a registered user, you may register on StudyGroupCafe.com as registration is free (b) To participate in by mail, mail it to the address on the Contact us page and write the heading of the contest that you are entering including all of your relevant details for us to be able to contact you (c) If you are unsure of any rules, please send us an email at the email address listed on the contact us page. Complete the Entry, nomination or fill out a survey as per directions. Please ensure that we have your contact information such as name, address, phone number and email address. All judging will be impartial and at times may be result of random drawing. Prizes are as advertised.
Prizes will be awarded, provided a sufficient number of eligible entries are received. We reserve the right to amend, cancel part or all of the contest, nominations or survey. Winners will be notified by phone, mail or e-mail. The contest or competition or nomination or surveys are open only to U.S. residents, who are 18 years of age. Employees of StudyGroupCafe.com, Bibadee, judges, web masters, web suppliers and persons engaged in any marketing material for any contest, their respective parent, affiliates, subsidiaries, officers, directors, advisors, advertising and promotion agencies, their immediate family members {parents, siblings, children, (natural, adopted, foster) and spouse}, wherever they reside and/or those living in the same household (whether or not related) of each are not eligible. This offer on prizes is void wherever prohibited and is subject to all federal, state and local laws. By participating, entrants agree to the Official Rules and the decisions of the Judges and Sponsor, which shall be final and binding in all respects. Entry materials become the sole property of the StudyGroupCafe.com and will not be acknowledged or returned. By submitting an entry or a nomination you represent and warrant that: (i) to the best of your knowledge, understanding and belief, the submission does not and shall not infringe on any patent, trademark or copyright or any other third party right nor violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary patent, trademark, copyright and other related rights to the submission, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; (iii) the information contained in your entry is accurate, complete and correct and represents your own new, novel submission; (iv) you authorize StudyGroupCafe.com and Bibadee to use your name, likeness, hometown and your submission when contacting the local press or for use on our website or for use under testimonial section.; Acceptance of prize constitutes permission for StudyGroupCafe.com and Bibadee to publish winner's name and/or likeness, if it so chooses, without additional compensation, unless and except where prohibited by law. All taxes on prize, if applicable, are the winner's responsibility to pay. Winner must sign an "Affidavit of Eligibility and Liability and Publicity Release" and return it within 10 days of notification or prize may be forfeited and an alternate winner selected.
By entering the competitions or Sweepstakes, entrants agree to all terms and conditions of these Official Rules, and by any other decision. By entering, entrants agree to hold harmless StudyGroupCafe.com and Bibadee and all parties associated with the survey or nomination or contest or competition or Sweepstakes from any and all liability arising from, or in connection with acceptance of the prize offered. Any attempt by an entrant or any other individual to deliberately damage or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, bibadee reserves the right to prosecute and seek damages from any such individual to the fullest extent permitted by law. Except where prohibited by law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, StudyGroupCafe.com and bibadee in connection with the Promotion, shall be governed by the laws of the state of Delaware, without giving effect to any choice of law or conflict of law rules that would cause the application of the laws of any other jurisdiction. This promotion is void where prohibited. StudyGroupCafe.com, Bibadee and its agents and affiliates are not responsible for any technical or human error that may occur in receiving or processing entries for the Promotion. StudyGroupCafe.com, Bibadee is not responsible for lost, late, damaged, postage-due, or illegible mailed entries. If, for any reason beyond the reasonable control of the StudyGroupCafe.com and Bibadee, the online portion of any Promotion cannot be implemented as planned, StudyGroupCafe.com and Bibadee reserves the right to terminate, modify or suspend the Promotion, and select a winner from all eligible forms of entry received up to the time of termination. It reserves the right to cancel any of the promotions, programs, nominations, competitions, survey, contests, sweepstakes altogether. Use of computer programs and/or other automated devices to enter Promotion is prohibited. Normal Internet access and usage charges imposed by your online service will apply.
All personal information will be treated as confidential, and not sold or given to third parties. You hereby hold Bibadee harmless from and against any third party claim arising from use, manufacture or sale of the submission. You waive any right to inspect or approve uses of the submission or to be compensated for any such uses. You further understand and agree that both Bibadee and its agents are involved in the business of researching and developing many ideas for new products. You agree that participating in any Contest will not in any way limit Bibadee’s or its agents’ right to use any such similar submission, as Bibadee or its agents deem appropriate and you will not have any claim against Bibadee and/or any of its agents with regard to any such use. All participants understand and agree, that Bibadee, may (but will be under no obligation to do so) contact any participant with a view towards exploring the evaluation of the submission. You hereby represent and warrant that you have read these rules and understand and are fully familiar with them and that, if necessary, you sought independent legal advice. Please send an email at the address listed on the Contact us page for any questions you may have regarding deadline, prizes, judges, outcomes or any other related matter.
16. CHANGES TO SITE AND TERMS AND CONDITIONS
You acknowledge and agree that StudyGroupCafe.com may change, modify, amend, suspend or discontinue any aspect of the Site or of its program, at any time, without notice and without liability to you or to any third party. Further, it reserves the right to impose limits on certain features of the Site, at any time, without notice and without liability to you or to any third party. Further, you acknowledge and agree that we may amend any or all of the Terms and Conditions at any time, at our sole discretion, without notice. Any amendment of the Terms and Conditions will be reflected on the Site. You are encouraged to periodically review the Terms and Conditions posted on the Site. Use of the Services and the Site constitutes acceptance of the Terms and Conditions, including any amendments thereto. The Terms and Conditions were last revised as posted towards the beginning of the notice as above.
17. SUBMISSIONS
By uploading or otherwise submitting any materials to us and/or the Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to StudyGroupCafe.com and to Bibadee, a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.
18. ADDITIONAL TERMS
Additional terms and conditions apply to purchases of goods and services and other uses of portions of this Site, and you agree to abide by such other terms and conditions.
19. SEVERABILITY
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
20. HEADINGS
The headings used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
21. ENTIRE AGREEMENT
These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. The privacy policy statement posted on www.StudyGroupCafe.com site relates solely to the online information collection and use practices of our Web site located at www.StudyGroupCafe.com (this "Web Site"), and not to any subdomains of this Web Site. We recognize that many visitors and users of this Web Site are concerned about the information they provide to us, and how we treat that information. The Privacy Statement, which may be updated from time to time, has been developed to address those concerns.
