| 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.
- 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.
- 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.
- Of course papa8there.com has a private policy that will
keep anyone else from obtaining all information.
- 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.
- 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.
- You must use the Website and the Service in a manner
consistent with any and all applicable laws and regulations.
- 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.
- 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.
- 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
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