Terms of Service
Terms of Service
1 – Effective Date.
These Terms of Service were last updated on April 21st, 2017
2 – Services
Coffee Bean Technology Corporation, a California Corporation with a U.S. location of 859 Corporate Way, Fremont, California 94539, (“Company”) is generally in the business of customer identity management. Specifically, Company engages with its business clients (“Clients”), to assist its Clients in creating and updating customer identity information relating to the Client’s customers (each an “End User”). The Company’s product for creating and maintaining the customer identity is called “Social-ID”, which is deployed on Client’s digital properties such as web pages, mobile apps, Wifi or beacon devices, and which allows End Users to register with Client via a traditional login or a social media login. Company maintains the following websites, as well as related tools, applications, widgets, and documentation (collectively all are referred to as the “Services” as used in this Terms of Service):
- the Company’s promotional website at http://www.coffeebeantech.com/ (the “Coffeebean Site”);
- the Company’s demo website and CoffeeBean’s demo mobile apps for IOS and Android http://demo.coffeebeantech.com/ (the “Demo Site”) to allow Clients and third party affiliates such as digital marketing companies, IT companies or technology companies (“Third Party Affiliates”) to evaluate the Social-ID product;
- the Company’s development website for use by Clients and Third Party Affiliates to obtain resources on how to integrate and use Social-ID http://dev.socialidnow.com/index.php?title=Main_Page (the “Development Site”);
- the Company’s Social-ID product website for deployment by Clients and used by Company at https://app.socialidnow.com/ (the “Social-ID”);
The Services may be made available on websites of third parties, in which case use of the Services will then be governed by the third party’s Terms of Service. These Terms of Service apply to Services offered by Company via the websites set forth in this paragraph and related mobile applications.
Before the Social-ID may be deployed on your website, you will be required to enter into a Member Agreement with Company.
3 – Acceptance
These Terms of Service (also referred to as the “Agreement”) apply to all users of the Services, whether such users are registered with Company or not. You acknowledge and agree that, by clicking “I Agree” if presented with the option, or by otherwise accessing or using the Services, you have read these terms and agree to these terms, including other posted policies, rules and guidelines, as the same may be modified from time to time and which are incorporated herein by reference. If you do not agree with these terms, or are dissatisfied with the Services, you agree your only recourse is to immediately cease all use of the Services and un-install any application from your hardware. If you use the Services on behalf of a business, this Terms of Service will apply to the business.
Modifications to this Agreement may be made by Company at any time, and shall be effective as soon as they are posted on company’s web site.
4 – Eligibility
Use of the Services is intended for users who are eighteen (18) years of age or older. By using or accessing the Services, you represent that you are at least 18 years of age. The Services are not directed to children under 13 years of age, and Company does not knowingly collect information from children under 13 years of age.
5 – Information Collected
6 – Conduct
You agree to obey all applicable rules and regulations in using the Services, and agree that you are responsible for the contents of your submissions or communications through the Services. You agree that you will not use the Services to:
- Violate any laws, third party rights, these Terms of Service and any other policies, rules and guidelines posted on our website
- Use the Services if you are under the age of 21, or are temporarily or indefinitely suspended from use of the Services
- ‘Stalk’ or otherwise harass anyone, or degrade, intimidate or act in a manner that is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
- Violate any federal, state or local law prohibiting discrimination on the basis of race, color, national origin, religion, sex, family status, disability or other such characteristics
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or attempt to use another user’s account
- Infringe any patent, trademark, trade secret, copyright or other proprietary or contractual intellectual property right of another party
- Post any form of advertising or solicitation in an area of our website not designated for that purpose, or email such material to our users who have not indicated in writing that it is all right to contact them about other services, products or commercial interests
- Use the Services to link to commercial services or web sites, except as explicitly allowed as part of our Services herein or as set forth in our posted policies, rules and guidelines
- Advertise illegal services or items prohibited, restricted or regulated by applicable law
- Use the Services in any unlawful manner or in any manner that could damage, disable, overburden or impair the Services (such as through bulk postings, flooding attacks or other means that impose an unreasonable or disproportionately large load on our infrastructure, disrupt the normal flow of dialogue between our users and otherwise negatively affect our users’ ability to use our Services)
- Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services
- Employ misleading email addresses, forged headers or otherwise manipulate identifiers in order to disguise the origin of your communications or Content transmitted through our Services
- Take any action that may undermine user feedback or the integrity of our Services
or transfer your user account and ID number to another party without our express written consent
- Attempt to access, search or meta-search the Services with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Company or other generally available third party web browsers
- Modify, create derivative works of, decompile or otherwise attempt to extract source code from Services.
7 – Content and Intellectual Property Rights
Company’s Intellectual Property Rights. Company is the owner and retains all proprietary rights to the Services and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. Copying, distributing, modifying, or creating derivative works of Services without Company’s written permission is strictly prohibited. You may not remove any copyright or other proprietary notices from copies of content you obtain from Services.
Company’s trademarks and/or service marks may not be used in connection with any product or service that is not provided by Company, in any manner that is likely to cause confusion among customers or users of the Services, tarnishes or dilutes the marks, or disparages or discredits Company.
Others’ Intellectual Property Rights. If you submit content via the Services, you retain ownership of all proprietary rights in such content. You hereby grant to Company a royalty-free, worldwide, perpetual, irrevocable, sublicensable, non-exclusive license to use, copy, create, modify, create derivative works from, display and perform your content in conjunction with the Services.
You warrant that all content uploaded by you, either from your own computer or another site/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the content as you intend to use them and as contemplated by the Services and grant Company the rights described herein.
If you provide feedback to the Company relating in any way to the Services or modifications or derivatives thereof, you hereby grant to Company all right, title and interest in and to such feedback. To the extent this grant is construed to be invalid, in the alternative you hereby grant Company royalty-free, worldwide, perpetual, irrevocable, sublicensable, non-exclusive license to use, copy, create, modify, create derivative works from, display and perform the feedback.
All trademarks and/or service marks displayed via the Services are the exclusive property of their respective owners, and may not be used without the owner’s permission.
Company does not endorse, nor take responsibility for, any third party or user content on Services. Company has the right at its sole discretion to remove any content of any kind that, in its judgment, does not comply with these Terms of Service and any other rules of user conduct, or is otherwise harmful, objectionable, or inaccurate. Company is not responsible for any failure or delay in removing such content.
Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by a user of the Services. For notifications other than copyright infringement, please email your notification to firstname.lastname@example.org. With respect to notifications of copyright infringement, pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”), Company designates the following individual as its agent for receipt of notifications of claimed infringement:
CoffeeBean Technology Corporation
859 Corporate Way, Fremont, CA 94539
To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and Information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid.
8 – Termination
You agree that Company may at any time, at its sole discretion, terminate your account or suspend or limit your use of the Services without prior notice to you, including without limitation if the Company suspects your violation of this Agreement or conduct that would be inconsistent with this Agreement or problematic for other users. In addition, you acknowledge that Company will cooperate fully with investigations by law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Services immediately ceases, and we may immediately deactivate or delete your account and all related information. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
The following sections of these Terms of Service will survive termination: Sections 6, 7, 10, 11, 12, 13, 14 and 16.
9 – Third Party Sites
10 – Disclaimers and Limitations
You acknowledge that Company may establish limits concerning use of the Services, and the frequency with which you may access the Services. You agree that Company has no responsibility or liability for the deletion or failure to store any content maintained or transmitted through use of the Services. You further acknowledge that Company reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
The Services may be temporarily unavailable from time to time for maintenance or other reasons. The 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 content. 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 on account of technical problems or traffic congestion on the Internet or at any web 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 Services. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any user’s content or personal injury or death, resulting from anyone’s use of the Services, any content or third party applications, software posted on or through the Services or transmitted to users, or any interactions between users of the Services, whether online or offline.
Disclaimer of Warranties
ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOUR EXCLUSIVE REMEDY AND COMPANY’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID COMPANY, IF ANY, DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY (OR, IF NO SUCH AMOUNT WAS PAID, $1.00 USD).
IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR CONTENT. COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR CONTENT. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11 – Indemnification
You agree to indemnify and hold Company and each of its respective parents, subsidiaries, affiliates, directors, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of the following conduct by you (or someone using your account): (a) use or misuse of the Services, (b) the violation of laws, rules, regulations or terms of this Agreement, (c) infringement by your content of any intellectual property or any other right of any person or entity. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses.
12 – International Use
Although Services may be accessible worldwide, we make no representation that the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
13 – Governing Law
The laws of the state of California, USA, will apply to all matters relating to these Terms of Service and the Services without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court, Northern District of California in San Francisco, California USA.
14 – Agreement to Arbitrate all Disputes
Notwithstanding anything contained herein, you agree that any legal disputes arising out of or relating to these Terms of Service or the Services shall be submitted to binding arbitration in San Francisco, California USA. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules. Any judgment on the award by the arbitrator may be entered in a court having jurisdiction thereof. You agree that any claim, action or proceeding arising out of or related to these Terms of Service or the Services must be brought in your individual capacity, and not as a plaintiff or class member in any purported representative or class proceeding. The arbitrator may not consolidate more than one person’s claims. YOU ACKNOWLEDGE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
15 – Notices
All notices to a user or to Company shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, or at Coffeebean Technology, 859 Corporate Way, Fremont, California 94539, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the Services to inform you of changes to the Services or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by Company.
You consent to the use of electronic means to deliver any notices pursuant to these Terms of Service.
16 – Miscellaneous
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
The failure or omission by a Company to perform its obligations under this Agreement shall not be deemed to be a breach of this Agreement if due to an event or circumstance which is not within Company’s the reasonable control.
You agree that this Agreement may be assigned by Company, in its sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.
This Agreement, together with the terms specifically incorporated by reference, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to third parties for the third parties’ direct marketing purposes.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorney’s fees.