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Terms & Conditions
You must be at least 18 years old to register on or use the
papa8there.com website, as an owner of an establishment.
Access or use of this site or its contents by any person
under the age of 18 is strictly prohibited. Anyone of any
age, except where not permitted by law can use the web site
to find a restaurant.
papa8there.com is an online service for customers to find
the restaurant and cuisine that fits their mood and price
range; a solely owned division of Crystal Beacon
Corporation: 2616 Monserat Ave. Belmont, CA 94002
By using the papa8there.com Website (the "Website") you
agree to be bound by these Terms of Use (this "Agreement"),
whether or not you register as a participant ("participant
"). Your continued use of the Website constitutes your
acceptance of this Agreement.
This Agreement sets out the legally binding terms of your
use of the Website (except for those terms that are
specifically designated as applying only to participating
members). Please review these terms. You are welcome to
print these terms out for review. You may also receive a
copy of this Agreement by emailing us at: dhm@crystalb.com,
Subject: Terms of Use. By using the Website, you represent
and warrant that you have the right, authority and capacity
to enter into this Agreement and to abide by all of the
terms and conditions of this Agreement.
1. Member Eligibility and Terms. If you wish to become a
Participant and participate with our customers and make use
of the papa8there.coms service (the "Service"), read these
Terms of Use and indicate your acceptance of them by
following the instructions in the Registration process. You
must be 18 years old or over to register as a member of
papa8there.com and use the Service. This Agreement sets out
the legally binding terms of your membership in the Service.
Membership in the Service is void where prohibited.
2. Term and Termination. This Agreement will remain in full
force and effect while you use the Website and/or are a paid
Participant, or a free Participant. You may terminate your
membership at any time, for any reason by following the
instructions on the Resign pages in Account Settings, or on
receipt by papa8there.com of your notice of termination by
email, fax or mail. You will forfit and not be eligible for
a refund. Papa8ther.com may terminate your membership for
any reason, showing that you have misused or tried to change
the intended use of papa8there. Papa8there.com received from
you a termination of your membership in the Service because
you have breached the Agreement, or have misused the web
site, you will not be entitled to any refund of unused
subscription fees. Even after this Agreement is terminated,
the following provisions of this Agreement will remain in
effect: sections 5, 6, 10, 11, 13, 14 and 17.
For participating restaurants.
A computer will be installed to show the reservation made on
the web the cost of this will be bill to the establishment.
Along with the papa8there software. Each person seated will
be billed at $1.00 for reservation made thru papa8there.com.
All other charges will be disclosed and billed on a monthly
bases.
Auto-Renewal Policy. To ensure you enjoy uninterrupted use
of the Service, if you have purchased a membership plan,
your membership will automatically renew 24 hours before
expiration. You may disable Automatic Renewal after purchase
in the Account Information section, via the Cancel Account
link. Additionally, you may terminate your membership at any
time, for any reason, by following the Cancel Account
instructions on the Account Information tab in Account
Settings, or on receipt by papa8there.com of your notice of
termination by email, fax or mail. Following cancellation,
you will continue to have full access to your participants
for the remainder of the term for which you have paid,
provided you otherwise are in compliance with this
Agreement. Refunds will not be issued for early
cancellation.
By providing us with your payment information, you authorize
and instruct us to bill your credit card account for the
amount of your initial subscription fee, and to bill that
account again each time that the current term of your
subscription is about to expire in the future. If at any
time you do not want to automatically renew your
subscription in the future, please make appropriate changes
in the Account Information section, located under "My
Account", off of the "Account Management" tab, on the My
Home Page.
3. Member ID and Password. As part of the member
registration process, you will be asked to select a user
name ("Member ID") and password. We may refuse to accept any
Member ID for any reason, including that the proposed Member
ID impersonates someone else, is or may be illegal, is or
may be protected by trademark or otherwise infringes on
other proprietary rights, is vulgar or otherwise offensive,
or may cause confusion, as we determine at our sole
discretion. You may have only one Member ID. You agree not
to transfer or resell your use of or access to the Site to
any third party. If you have reason to believe that your
account is no longer secure, you must promptly change your
password by updating your account information, available at
the 'My Home' Page after logging on to papa8there.com, and
immediately notify us by emailing us at dhm@crystalb.com.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE
CONFIDENTIALITY OF YOUR MEMBER ID (USERNAME) AND PASSWORD
AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH
YOUR ACCOUNT.
4. Unauthorized Use. The Website and the Service are for the
restaurant use of participating establishments only, for
purposes consistent with the Website and Service and this
Agreement. You may not use the Website or Service in
connection with any other, or group activities or resell the
Service. Collecting Member IDs or email addresses of
members, or other information on the Website, by electronic
or other means, is prohibited. Framing of or linking to the
Website without written permission from us is prohibited.
Without the express written permission of papa8there
executives.
5. Proprietary Rights in Content on papa8there.com.
papa8there.com and its licensors own and retain all
proprietary rights in the Website and the Service. The
Website contains copyrighted materials, trademarks, and
other proprietary information of papa8 there.com and its and
licensors. You may not copy, modify, publish, transmit,
distribute, perform, display or sell any Website material or
information. papa8there.com is a trademark of Crystal Beacon
Corporation.
6. Content Posted on the Site.
1. You are solely responsible for any materials (including
profiles or photos) and messages (including papa8there.com
Messenger messages) (collectively, "Content") that you
publish or display (hereinafter, "post") on the Website or
via the Service, or transmit to other participants. All
proprietary information given to each customer must be keep
as such, under penalty of the law.
2. By posting Content to any public area of papa8there.com,
you automatically grant, and you represent and warrant that
you have the right to grant, to papa8there.com an
irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, distribute and sell
such information and content and to prepare derivative works
of, or incorporate into other works, such information and
content, and to grant and authorize sublicenses of the
foregoing.
3. Of course papa8there.com has a private policy that will
keep anyone else from obtaining all information.
4. You understand and agree that papa8there.com may review
and remove any Content that in the sole judgment of
papa8there.com violates this Agreement or which, in the sole
discretion of papa8there.com, might be offensive or illegal
or might violate the rights of, harm, or threaten the safety
of customers.
5. The following is a partial list of the kind of Content
that is prohibited on the Website. papa8there.com reserves
the right to investigate and take appropriate action in its
sole discretion (including notifying legal authorities)
against anyone who violates this provision, including
without limitation, removing the offending communication
from the Website and Service and terminating the membership
of such violators. It includes Content that:
* may be offensive to Website users, such as Content that
promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual;
* harasses or advocates harassment of another person;
* involves the transmission of "junk mail," "chain letters"
or unsolicited mass mailing or "spamming";
* promotes information that you know is false, misleading or
promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
* promotes or enables unauthorized copying of another
person's copyrighted or other proprietary work, such as
providing computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect
devices, or providing music or links to music files;
contains restricted or password only access pages, or hidden
pages or images (those not linked to or from another
accessible page);
* exploits anyone under the age of 18 in a sexual or violent
manner;
* solicits personal information from anyone under 18;
* provides instructional information about illegal or
potentially harmful activities such as making or buying
illegal weapons, violating someone's privacy, or providing
or creating computer viruses;
* Solicits passwords or personal identifying information for
commercial, unauthorized or unlawful purposes from other
users;
engages in commercial activities and/or sales such as
contests, sweepstakes, barter, advertising, and pyramid
schemes; or
otherwise is inappropriate for the Website, in
papa8there.coms sole judgment.
6. You must use the Website and the Service in a manner
consistent with any and all applicable laws and regulations.
7. You may not include in your participating profile any
telephone numbers, street addresses, last names, URLs or
email addresses; other than the establishments normal and
regular numbers.
8. You may not engage in advertising to, or solicitation of,
other participants to buy or sell any products or services
through the Service. You may not transmit any chain letters
or junk email to other Members. Although papa8there.com
cannot monitor the conduct of its participants off the
Website, it is also a violation of these rules to use any
information obtained from the Service in order to harass,
abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to any participants without
their prior explicit consent. In order to protect our
participants from such advertising or solicitation,
papa8there.com reserves the right to restrict any and all
behavior that it deem unfit and improper.
9. WARNING: It is possible that other participants or users
(including unauthorized users, or "hackers") may post or
transmit offensive or obscene materials on the Website and
that you may be involuntarily exposed to such offensive and
obscene materials. It also is possible for others to obtain
personal information about you due to your use of the
Service, and that the recipient may use such information to
harass or injure you. Papa8there.com is not responsible for
the use of any personal information that you may choose to
disclose on the Service. Please carefully select the type of
information that you post on the Service or release to
others.
7. Copyright Policy. You may not post, distribute, or
reproduce in any way any copyrighted material, trademarks,
or other proprietary information without obtaining the prior
written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your
work has been copied and posted on the Service in a way that
constitutes copyright infringement, please provide our
Copyright Agent with the following information: an
electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; a
description of the copyrighted work that you claim has been
infringed; a description of where the material that you
claim is infringing is located on the Website; your address,
telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the
copyright owner's behalf. Papa8there.com's Copyright Agent
for notice of claims of copyright infringement can be
reached as follows: papa8there c/o Crystal Beacon
Corporation, 2616 Monserat Ave., California 94002, fax: 650
508-1565; email: dhm@crystalb.com .
8. Member Disputes. You are solely responsible for your
interactions with your customers. And any other papa8there
participant papa8there.com, and Crystal Beacon Corporation
reserves the right, but has no obligation, to monitor
disputes between you and other participants, arising from or
related to the Website.
9. Privacy. Use of the Website and the Service is subject to
our Privacy Policy, which is part of this Agreement with
you. Please refer to our privacy policy for information
about our use and disclosure of your information.
10. DISCLAIMERS; NO WARRANTIES. Papa8there.com is not
responsible for any incorrect or inaccurate Content posted
on the Website or in connection with the Service, whether
caused by users of the Website, participants or by any of
the equipment or programming associated with or utilized in
the Website or the Service.
papa8there.com is not responsible for the conduct, whether
online or offline, of any user of the Website or Member of
the Service.
papa8there.com 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 or participants communications.
papa8there.com is not responsible for any problems or
technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer
equipment, software, failure of email or players on account
of technical problems or traffic congestion on the Internet
or at the Website, including injury or damage to users
and/or Members or to any other person's computer related to
or resulting from participating or downloading materials in
connection with the Website or in connection with the
Service.
THE WEBSITE AND THE SERVICE ARE PROVIDED "AS-IS" AND
PAPA8THERE.COM EXPRESSLY DISCLAIMS ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT, OR THAT THE WEBSITE OR THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE.
papa8there.com cannot guarantee and does not promise any
specific results from use of the Website and/or the Service.
You understand and acknowledge that it is possible for third
parties, acting illegally; to access your account and that
papa8there.com cannot be responsible for this risk or other
third party illegal activity. Papa8there will of course make
every attempt to correct any and all actions that are wrong,
illegal or by accident, but will not in any way guarantee
that this is a total and redeemable guarantee to the
participant.
11. Limitation on Liability. You assume full responsibility
and risk for your use of the Website and the Service. Under
no circumstances will papa8ther.com be responsible for any
loss or damage, including personal injury or death,
resulting from anyone's use of the Website or the Service,
any Content posted on the Website or transmitted to Members,
or any interactions between users of the Website, whether
online or offline. papa8there.com and its affiliates are not
liable to you or any third person for any indirect,
consequential, exemplary, incidental, special or punitive
damages arising from your use of the Website or the Service,
even if papa8there.com has been advised of the possibility
of such damages. If you live in a state (or country) whose
laws prevent you from taking full responsibility for your
use of the service, our liability is limited to the greatest
extent allowed by law. papa8there.com'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 papa8there.com for the Service during the
term of membership.
12. U.S. Export Controls. Use of this Website is subject to
United States export controls. No use of the Website or
Service is permitted by (i) a national or resident of Cuba,
Iran, Iraq, Libya, North Korea or Syria, or any national or
resident of any other Country to which the U.S. has
restricted exports or (ii) anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders or Denied
Persons List. By using the Website or the Service, you
represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or
on any such list.
13. Disputes. If there is any dispute between us about or
involving the Website or the Service, you agree that the
dispute will be governed by the laws of the State of
California (and or United States: for national and
international partisan) without regard to its conflict of
law provisions. You agree to personal jurisdiction and venue
in the state and federal courts located in San Mateo, County
in the State of California; or in the case of Federal Court
jurisdiction of San Francisco.
14. Indemnity. You agree to indemnify and hold
papa8ther.com, its subsidiaries, affiliates, officers,
agents, and other partners and employees, harmless from any
loss, liability, claim, or demand, including reasonable
attorney's fees, made by any third party due to or arising
out of your use of the Website or the Service in violation
of this Agreement or arising from a breach of this Agreement
or any breach of your representations and warranties set
forth in this Agreement.
15. Advertisers and Links. The Website may contain links to
third party websites, endorsers or advertisers. The third
party websites, endorsers or advertisers are not under the
control of papa8there.com, and papa8there.com is not
responsible for the contents, services or goods of any third
party websites, endorsers or advertisers. The inclusion of
any link is as a convenience and does not imply endorsement
by papa8there.com of the website or any association or
relationship with its operators.
16. No Professional Advice. The information and materials
available through the papa8there.com Website including the
advice of relationship advisers, is for information and
educational purposes only and is not a substitute for the
professional judgment of a licensed mental health
practitioner. papa8there.com, the Website and the Services
do not provide psychological advice or medical or diagnostic
services. Your reliance upon information and materials
obtained by you at or through the Website is solely at your
own risk.
17. Other. This Agreement, accepted on your use of the
Website and further affirmed by becoming a Member of the
Service, contains the entire agreement between you and
papa8there.com regarding the use of the Website and the
Service. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force
and effect.
Please contact us with any questions regarding this
Agreement.
papa8there Terms & Conditions Last Updated: September 12,
2007 |
