Date of Last Revision: October 10, 2007
Coffee Bean Technology Corporation ('CBT') under the tradename 'YuBliss' provides a collection of online resources, including without limitation an interactive process to share stories and experiences that help to identify and prioritize lifestyle and behavioral patterns that are important to the user (collectively referred to hereafter as our 'Service"). Our Service is designed to provide multiple offerings and options to enhance each user's choices and satisfaction. The following describes the terms on which CBT (together with its corporate affiliates, 'YuBliss', 'we', 'us', or the 'Company') offers the user ('you') the opportunity to use our Service. This User Agreement is effective as of October 2, 2007 for current users, and upon registration for new users.
Acceptance of Terms
By registering to use our Service in any way, you are
agreeing to abide by all the terms and conditions in, and linked to, this User
Agreement, including our Privacy Policy, and other posted policies, rules and
guidelines, as the same may be revised or modified from time to time in our sole
discretion, and which are incorporated herein by reference. You acknowledge and
agree that it is your responsibility to read and comply with any posted
revisions to this User Agreement, our Privacy Policy, and our other posted
policies, rules and guidelines whenever you use our Service. You further
acknowledge and agree that modifications to this agreement shall be effective as
soon as they are posted on our web site. You can always find the most recent
version of this User Agreement at: http://www.yubliss.com/terms.html,
the most recent version of our Privacy Policy at
http://www.yubliss.com/privacy.html, and our most recently updated
policies, rules and guidelines at http://www.yubliss.com/terms.html. In
addition, we will post revisions to this User Agreement from the prior version
at http://www.yubliss.com/terms.html, so you can see what has changed
and what is new. If you object to any term or condition set forth in this User
Agreement, or to any term or condition in our Privacy Policy, other posted
policies, rules and guidelines, or any revisions thereof, or if you are
dissatisfied with our Service in any way, you agree that your only recourse is
to immediately discontinue using the Service.
Eligibility; Registration
Registering on our web site (the 'Site') is free
of charge, but void where prohibited. Use of the Service and access to the Site
is intended for users who are twenty-one (21) years of age or older. Any
registration for use of the Service or access to the Site by anyone under 21 is
unauthorized, unlicensed and in violation of this User Agreement. By using the
Service or accessing the Site, you represent that you are at least 21 years of
age and that you agree to and shall abide by the all the terms set forth in this
User Agreement. In consideration of your use of the Site, you agree to provide
(and update when appropriate) accurate, current and complete information as may
be requested through our registration process, and maintain the security of your
password and user identification. You further agree that you shall be fully
responsible for all use of your account and for actions occurring through use of
your account.
Content
You acknowledge and agree that all text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted through, or
linked from the Site, are the sole responsibility of the party who originated or
posted such Content. This means that you are entirely responsible for all
Content you post, email or otherwise make available through our Service. You
also acknowledge and agree that YuBliss does not control, and is not responsible
for third party Content made available through the Service, and that by using
the Service, you may be exposed to Content that is objectionable to you,
inaccurate or misleading. Our Site and Content available through the Service
may contain links to other web sites, which are completely independent of
YuBliss, and we make no representation or warranty as to the accuracy,
completeness, authenticity or appropriate nature of information contained in any
such site. You acknowledge that YuBliss shall have the right (but not the
obligation) in our sole discretion to refuse, delete, move or reformat any
Content that is available through the Service. (This means that we have the
right to reformat Content on any page or site created through your use of our
Service so it conforms to our program parameters.)
Proprietary Rights License from Users
By posting Content to any area of
the Site and by using our Service (including without limitation, using our tools
to create your personal profile) you automatically grant, and you represent and
warrant that you have the right to grant, YuBliss an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform, display, and
distribute your Content and to prepare derivative works of, or incorporate into
other works, said Content, and to sublicense to third parties any of the
foregoing. (The foregoing license extends to Content you create and display on
any web site linked to our Site.) Furthermore, you automatically grant YuBliss
all rights necessary to prohibit any unauthorized aggregation, display, copying,
duplication, reproduction, or exploitation of such Content by any party for any
purpose, although you acknowledge and agree that YuBliss is not responsible or
liable to you or any third party for any such unauthorized copying or use.
Our Service is protected to the maximum extent permitted by copyright laws and international treaties, and the names 'YuBliss' and 'Coffee Bean Technology' as well as our graphics, logos, designs, scripts, page layout, and service marks are protected by registered or common law trademarks or trade dress and they may not be used in any manner that is likely to cause confusion. In addition, such items may not be copied, imitated or used commercially, in whole or in part, without the prior written permission of the Company. Content displayed on or through our Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of Content from our Site or the collective work, and/or copying or reproducing the Site or any portion of the Service to any other server or location for further reproduction or redistribution is prohibited without the express written consent of YuBliss. You therefore agree not to reproduce, duplicate or copy Content from the Service without the express written consent of YuBliss, and you agree to abide by any and all copyright and trademark notices displayed on the Service. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any source code contained in or used in connection with the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Provided that you meet the eligibility requirements set forth above, YuBliss hereby grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose, all of which require a separate express license from YuBliss. YuBliss permits you to display personal Content on your page that is part of the Site, create a hyperlink on your page to individual postings on the Service or to other web sites, and only with our prior written consent, to syndicate data posted on our Site for use on other pre-approved websites through use of RSS feeds. You may also create a hyperlinks on other web sites to the YuBliss homepage, to your personal Yubliss profile, or to other pages on our Site so long as the link does not portray YuBliss, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. YuBliss provides access to portions of the Site and Services via RSS feeds and an API; for the purpose of this User Agreement, such access constitutes use of the Site and Services. YuBliss asks that you use these features respectfully. You may not use these or any other features or the Site itself to allow the display of a substantial portion of the YuBliss database or reproduce, duplicate or copy the Site. YuBliss reserves the right to change these features at any time and to disable access to the feeds and the API at any time for any reason.
Use of the Service beyond the scope authorized herein shall immediately terminate the limited license granted in this User Agreement.
Privacy and Information Disclosure
YuBliss' Privacy Policy, which explains
how our users' information is collected and used, is located at the following
web address:
http://www.yubliss.com/privacy.html
By using our Site and the Service, you agree to the terms set forth in our Privacy Policy. If you object to use of your personal information in accordance with our Privacy Policy, please do not use our Service.
Prohibited Conduct and Content
When using our Service, you agree not to:
violate any laws, third party rights, the terms of this User Agreement, our Privacy Policy and any other policies, rules and guidelines posted on our Site;
use the Service if you are under the age of 21, or are temporarily or indefinitely suspended from use of the Service;
contact anyone who has asked not to be contacted;
'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;
disclose personal or identifying information about another person without that person's explicit consent;
'harvest' or otherwise collect personal data or information about other users, including email addresses, without their consent;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, unless expressly authorized by YuBliss;
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 web site 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 our web site to link to commercial services or web sites, except as explicitly allowed as part of our Service 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 Service or Site in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site (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 Service);
attempt to gain unauthorized access to YuBliss' computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the YuBliss Site;
employ misleading email addresses, forged headers or otherwise manipulate identifiers in order to disguise the origin of your communications or Content transmitted through our Service;
take any action that may undermine user feedback or the integrity of our Service; or
transfer your user account and ID number to another party without our express written consent.
In addition, you agree not to post on our Site, email through use of our web site, or otherwise make available in connection with our Service any Content that:
is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, infringing, invasive of another's privacy, or is harmful to minors in any way;
is in any way pornographic or depicts or describes human sexual activity;
displays or describes sadistic or masochistic abuse;
is false, inaccurate, deceptive, misleading, deceitful, or misinformative;
constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or an unsolicited commercial advertisement;
contains software viruses, Trojan horses, worms, time bombs, cancelblots or any other technologies that may harm YuBliss, or the interests of our users;
is not of a personal noncommercial nature; or
is in the sole judgment of the Company objectionable or which restricts or inhibits any other person from using or enjoying the Service or the Site, or which may expose the Company or its users to any harm or liability of any type.
Limitations On Service
You acknowledge that YuBliss may establish limits
concerning use of the Service, including the maximum number of days that Content
will be retained by the Service, the maximum number and size of postings, email
messages, or other Content that may be transmitted or stored through use of the
Service, and the frequency with which you may access the Service. You agree that
YuBliss has no responsibility or liability for the deletion or failure to store
any Content maintained or transmitted through use of the Service. You further
acknowledge that YuBliss reserves the right at any time to modify or discontinue
the Service (or any part thereof) with or without notice, and that YuBliss shall
not be liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
Termination of Service
You agree that without limiting other remedies,
YuBliss, in its sole discretion, may delete or deactivate your account, block
your email or IP address, or otherwise limit, suspend or terminate your access
to or use of the Service (or any part thereof), immediately and without notice
remove and discard any hosted Content, for any reason, including, without
limitation, if YuBliss believes you have created problems for other users,
possible legal liabilities, or acted inconsistently with the letter or spirit of
the terms of this User Agreement. Further, you agree that YuBliss may cancel
any unconfirmed account and shall not be liable to you or to any third party for
any termination of your access to the Service. You also agree not to attempt to
use the Service after said termination. Sections 3-5(a), and 6-16 shall survive
termination of this User Agreement.
Disclaimer of Warranties
You acknowledge and agree that you will not
hold YuBliss responsible for other users' actions or inactions, including
Content they post or actions they take through use of our Service, or for any
third-party applications, software, or other Content posted on the Site or used
in connection with the Service. You further agree that you bear all risks
associated with your use of any Content, and that under no circumstances shall
YuBliss be liable for any Content or for any loss or damage of any kind incurred
as a result of your use of any Content posted, emailed or otherwise made
available via the Service.
The Site and the Service 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 communications. 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 Service. 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 Site or the Service, any Content or third party applications, software posted on or through the Site or the Service or transmitted to users, or any interactions between users of the Site, whether online or offline.
YOU AGREE THAT USE OF THE YUBLISS SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE YUBLISS SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, YUBLISS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE YUBLISS SITE AND THE SERVICE, AND ANY EXPECTATION OF PRIVACY YOU HAVE WITH RESPECT THERETO. TO THE FULLEST EXTENT PERMITTED BY LAW, YUBLISS DISCLAIMS ANY WARRANTIES FOR THIRD PARTY CONTENT POSTED ON THE YUBLISS SITE, THE QUALITY OF SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE YUBLISS WEB SITE OR THROUGH OUR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE YUBLISS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YUBLISS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE YUBLISS SITE OR THE SERVICE.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL YUBLISS BE LIABLE
FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING WITHOUT LIMITATION DAMAGES FOR PAIN AND SUFFERING OR EMOTIONAL
DISTRESS, (EVEN IF YUBLISS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM ANY ASPECT OF YOUR USE OF THE YUBLISS SITE OR THE SERVICE,
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE YUBLISS SITE OR THE SERVICE,
FROM INABILITY TO USE THE YUBLISS SITE OR THE SERVICE, ANY VIOLATION OF YOUR
PRIVACY RESULTING FROM YOUR USE OF THE YUBLISS SITE OR THE SERVICE, THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE
YUBLISS SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF THIRD PARTY SERVICES OR PRODUCTS RECEIVED THROUGH
OR ADVERTISED IN CONNECTION WITH THE YUBLISS SITE OR OUR SERVICE OR ANY LINKS ON
THE YUBLISS SITE, NONPAYMENT FOR ANY SERVICES RENDERED OR GOODS PROVIDED THROUGH
OUR SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH
OR ADVERTISED IN CONNECTION WITH THE YUBLISS SITE OR THE SERVICE OR ANY LINKS ON
THE YUBLISS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW.
Regardless of the previous paragraph, if we are found liable to any party, our liability shall be limited to $100.
Indemnity
You agree to indemnify and hold YuBliss, its officers,
subsidiaries, affiliates, successors, assigns, directors, officers, agents,
legal counsel, service providers, suppliers and employees, harmless from any
claim or demand, including reasonable attorney fees and court costs, made by any
third party due to or arising out of Content you submit, post or make available
through the Service, your use of the Service, your violation of this User
Agreement, your breach of any of the representations, warranties or obligations
that pertain to you herein, or your violation of any rights of another.
Dispute Resolution; Release
You agree that YuBliss shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of your use of the Service or the Site. If there is a dispute between any of our
users, or between users and any third party, you understand and agree that
YuBliss is under no obligation to become involved, and you hereby release
YuBliss, its officers, directors, employees, agents, legal counsel and
successors in rights from claims, demands and damages (actual and consequential)
of every kind or nature, known or unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way related to all such disputes and
/or our Service. If you are a California resident, you waive California Civil
Code Section 1542, which states: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the time of
executing the release, which, if known by him must have materially affected his
settlement with the debtor."
If a dispute arises between you and YuBliss, we strongly encourage you to first contact us directly to seek a resolution by going to http://www.yubliss/about.html. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Notwithstanding the foregoing, this User Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against YuBliss must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the arbitration paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes. Any claims (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $[10,000] shall be resolved in a cost effective manner through binding non-appearance-based arbitration. In the event of arbitration, the parties shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All claims you bring against YuBliss must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this section shall be considered improperly filed and for all such claims, YuBliss may recover our attorneys' fees and costs up to $2500, provided we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
General Information
This User Agreement, as subsequently amended or
modified and posted on the YuBliss web site, constitutes the entire agreement
between you and YuBliss and governs your use of the Service and the Site,
superseding any prior agreements between you and YuBliss. No agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this User Agreement. The failure of
YuBliss to exercise or enforce any right or provision of this User Agreement
shall not constitute a waiver of such right or provision. If any provision of
this User Agreement is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other provisions
of the User Agreement shall remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service, the Site or this User Agreement
must be filed within one (1) year after such claim or cause of action arose or
be forever barred. Except as explicitly stated otherwise, legal notices shall
be served on YuBliss' at the address of our corporate headquarters set forth on
our Site (in the case of YuBliss) or to the email address you provide to us
during the registration process (in your case). Notice shall be deemed given
when personally served or 24 hours after email is sent, unless the sending party
is notified that the email address is invalid. Alternatively, we may give you
legal notice by mail to the address provided during the registration process.
In such case, notice shall be deemed given three days after the date of mailing.
Violation of Terms
Please report any violations of this User Agreement,
by flagging the posting(s) for review, or by emailing your findings to:
abuse@YuBliss.com Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar breaches.
Submissions
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback or other information about the Site or the Service
provided by you to YuBliss are non-confidential and shall become the sole
property of YuBliss. YuBliss shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of the foregoing submissions for any purpose, commercial or
otherwise, without acknowledgment or compensation to you.