Terms of Service - The Legal Stuff
1. You understand that all messages appearing here are the sole responsibility of those persons posting the message. This means that you, and not SecondWivesCafe.com, are entirely responsible for all information and material that you post on our forums. SecondWivesCafe.com does not control the content of any messages posted on SecondWivesCafe.com Forums. You understand that by using the SecondWivesCafe.com Forums, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will SecondWivesCafe.com be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of the use of any information contained in our forums.
Further, you agree not to do any of the following while using SecondWivesCafe.com Forums:
A. Transmit any message, information, data, text or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable;
B. Impersonate any person or entity, including but not limited to, a SecondWivesCafe.com administrator or moderator or falsely state or otherwise misrepresent your affiliation with another person or entity;
C. Post or transmit any software or graphic files on any SecondWivesCafe.com Forum or transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
D. Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation in any SecondWivesCafe.com Forum;
E. Violate any applicable local, state, national or international law, including but not limited to the regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, and any regulations having the force of law while using or accessing the SecondWivesCafe.com site and
F. Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
G. Advertise or offer to sell or buy any goods or services for any business purpose, without prior authorization from the SecondWivesCafe.com administration;
H. Harvest e-mail addresses or other information about other site members;
I. SecondWivesCafe.com reserves the right to terminate your access to any or all of our Communication Services at any time, without notice, for any reason.
J. You may not use our Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. You also may not engage in any unsolicited email practices, which mention or reference any web sites we host.
K. You may not directly link to any of our graphic images (including but not limited to "smilies" or "avatars") from another web site without permission. If you violate this section, you agree to pay for any actual bandwidth charges incurred by us, plus a $25 investigation fee.
By submitting Content to SecondWivesCafe.com, you automatically grant or warrant that the owner of such Content has expressly granted SecondWivesCafe.com the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
2. SecondWivesCafe.com shall have the right, but not the obligation, to monitor the content of SecondWivesCafe.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by us and to satisfy any law, regulation or authorized government request. SecondWivesCafe.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on SecondWivesCafe.com. Without limiting the foregoing, SecondWivesCafe.com shall have the right to remove any material that, at our sole discretion, we find to be in violation of the provisions hereof or otherwise objectionable.3. Copyrighted Information. Message boards sometimes contain material in which users share material they have copied electronically from other sources. Because there are many thousands of possible sources spread out across the Internet, e.g., newspapers, scientific journals and bulletin boards, it is impossible to determine if any message on any SecondWivesCafe.com infringes the copyright of another party. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us so the situation can be promptly addressed. To notify us, please email us at admin @ secondwivescafe.com.
4. Privacy. It is SecondWivesCafe.com's policy to take reasonable measures to respect the privacy of our members. SecondWivesCafe.com will take reasonable measures to not disclose the contents of your communications outside the SecondWivesCafe.com Forums unless required to do so by law or in the good faith belief that such action is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms and conditions; (iii) respond to claims that any Content on the SecondWivesCafe.com violate the rights of third-parties; or (iv) protect the rights, property, or personal safety of SecondWivesCafe.com, its users and the public.
5. External Links. SecondWivesCafe.com Forum members may provide and users may include in messages, links to other Web sites or resources. SecondWivesCafe.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. SecondWivesCafe.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
6. Disclaimer of Warranty. The services, information or data (collectively, "Information") made available at the SecondWivesCafe.com Website are provided "AS IS", without warranties of any kind. SecondWivesCafe.com expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. SecondWivesCafe.com shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, data, information, materials and business resulting from the Information or the lack of information available on the our site. SecondWivesCafe.com shall have no liability for:
A. Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering information;
B. Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
C. Any decision made or action taken or not taken in reliance upon the Information furnished hereunder.
7. Indemnification. A. You expressly agree to defend, indemnify and hold harmless SecondWivesCafe.com against all claims and expenses, including attorneys' fees, arising out of the use of user or member's SecondWivesCafe.com account made by any third party due to or arising out of your violation of these terms and conditions or your violation of any rights of another.
B. You expressly agree that use of SecondWivesCafe.com forums is at your own risk. For purposes of this section, SecondWivesCafe.com shall include its divisions, subsidiaries, successors, parent companies, and their directors, officers, shareholders, employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
8. No Liability for Content. A. SecondWivesCafe.com shall not be responsible to you for any content found on its forums.
B. SecondWivesCafe.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
C. SecondWivesCafe.com makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the information or that the information may be relied upon for any reason.
D. SecondWivesCafe.com makes no warranty, representation or guaranty that the information will be uninterrupted or error free or that any defects can be corrected.
E. SecondWivesCafe.com makes no warranty that any content on the SecondWivesCafe.com forums will meet your requirements, be uninterrupted, timely, secure, or error free; nor does SecondWivesCafe.com make any warranty as to the results that may be obtained from the use of such information or as to the accuracy or reliability of any information obtained through SecondWivesCafe.com forums.
F. You understand and agree that any content downloaded or otherwise obtained through the use of SecondWivesCafe.com forums is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such content. To the full extent permissible under the applicable law, SecondWivesCafe.com shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use SecondWivesCafe.com forums.
9. Miscellaneous. This Agreement and any operating rules for SecondWivesCafe.com established by us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
If you become aware of any messages in any SecondWivesCafe.com forum that violate these terms and conditions, please email the offending person's identification and cut and paste the relevant content into an email to us at admin @ secondwivescafe.com. SecondWivesCafe.com cannot guarantee that any action will be taken as a result of your email.
If any of the provisions, or portions thereof, of this document are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this document shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This document represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by any member. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to its conflict of law rules. This Agreement and SecondWivesCafe.com's policies are subject to change by SecondWivesCafe.com without notice. Continued usage of the Services after a change to this document by SecondWivesCafe.com or after a new policy is implemented and posted on the SecondWivesCafe.com forums constitutes your acceptance of such change or policy. We encourage you to regularly check the SecondWivesCafe.com website for any changes or additions.
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