Thank you for visiting the cacaoweb™ website located at www.cacaoweb.org (the "Site"). The Site is an Internet property of cacaoweb Ltd. and its affiliated companies ("cacaoweb," "we" or "us"). You agree to the following cacaoweb™ Website Terms and Conditions ("Terms and Conditions"), in their entirety, when you: (a) access or use the Site as an unregistered visitor (“Visitor”), which enables you to access certain Member Video Content (as defined below) and other product and service offerings (“Visitor Services”); (b) register as a free member on the Site ("Free Member"), which enables you to access the various Free Member services detailed below ("Free Services"); and/or (c) register as a premium member on the Site ("Premium Member" and together with the Visitors and Free Members, the "Members"), which enables you to access the various Premium Member services detailed below ("Premium Services" and together with the Visitor Services and Free Services, the "Services"). These Terms and Conditions are inclusive of the cacaoweb™ Privacy Policy ("Privacy Policy") and any and all other applicable cacaoweb™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the "Agreement"). Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Site or Services in any manner or form whatsoever.
WARNING: MEMBER ACCOUNTS WILL BE TERMINATED FOR UNAUTHORIZED UPLOADING OF COPYRIGHT-PROTECTED MATERIAL.
VISITORS MAY NOT ACCESS, DOWNLOAD OR SHARE FILES UPLOADED BY SITE MEMBERS OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER. cacaoweb™ FORBIDS COPYRIGHT INFRINGEMENT. IF YOU BELIEVE THAT YOUR COPYRIGHT-PROTECTED MATERIAL HAS BEEN UPLOADED TO THE SITE, PLEASE CONTACT US BY CLICKING HERE AND WE WILL PROMPTLY REMOVE THE CONTENT.
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site and Services. The Agreement constitutes the entire and only agreement between you and cacaoweb™ with respect to your use of the Site and Services, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services, Site, the content contained therein and/or any other products and services provided by or through same.
You understand and agree that cacaoweb™ is not responsible or liable in any manner whatsoever for your inability to use the Site and/or Services.
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement.
You understand and agree that cacaoweb™ is not responsible or liable in any manner whatsoever for your inability to use the Site, become a Member or use the Services.
The Site and Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.
Upon registering for the Premium Services and providing the requisite Premium Services Registration Data, the credit or debit card that you provided during registration or updated at a later date (“Active Credit Card”), or your PayPal® account, as applicable (collectively, “Payment Method”), will be charged the applicable amount depending on the Premium Membership package selected and the currency applicable to your residence.
All Fees for items (a) through (f) are payable in United States currency. All Fees for items (g) through (l) are payable in European Union currency. All Fees for items (m) through (r) are payable in United Kingdom currency. Failure to use the Premium Services does not constitute a basis for refusing to pay any of the associated Fees. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of cacaoweb™ in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), cacaoweb™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
cacaoweb's™ authorization to provide and bill for the Premium Services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. cacaoweb's™ reliance upon the electronic signature of Members that are legal residents of the United States was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
For purposes of the Agreement, "PayPal" shall mean PayPal, Inc. Please be advised that cacaoweb™ is not in any way affiliated with PayPal, and the Site and Services are neither endorsed, nor sponsored, by PayPal. PayPal® is a registered trademark of PayPal, Inc.
You may cancel your Membership at any time if you are not completely satisfied. To cancel your Membership, send an email to support@cacaoweb.org and ask for cancellation and refund of your subscription. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with cacaoweb™. Upon any termination and/or cancellation of your Membership, your license grant, as set forth in Section 11 hereinbelow shall immediately terminate. The following conditions apply to any Premium Membership cancellation: (a) you shall not receive any pro-rata refund of your Fees for partial months or years; and (b) you shall not receive any refund for Fees previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid Fees billed by cacaoweb™.
The Visitor Services are available without registration. In order to obtain the Services, you must first submit the applicable application form ("Application") to cacaoweb™ for review and initial approval. cacaoweb™ reserves the right, in its sole discretion, to deny the Application of anyone at any time and for any reason, whatsoever. The information that you must supply on the Site in order to obtain Free Services may include, without limitation: (a) your e-mail address; and (b) any other information requested by us on the Application (collectively, "Free Services Registration Data"). The information that you must supply on the Site in order to obtain Premium Services may include, without limitation: (i) your e-mail address; (ii) your credit card information or PayPal® information (depending on your preferred means of payment); and (iii) any other information requested by us on the Application (collectively, "Premium Services Registration Data" and, together with the Free Services Registration Data, the "Registration Data"). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. cacaoweb™ will verify and approve all Applications in accordance with its standard verification procedures.
If cacaoweb™ approves your Application to become a Free Member or Premium Member, you can set up your account ("Services Account") by selecting your: (A) user name; and (B) password. You can access your Services Account at the Site using your user name and password, and change your password and user name at your discretion. You are responsible for maintaining the confidentiality of your Services Account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Services Account, user name and password including, without limitation, any and all purchases made therethrough.
cacaoweb™ may reject your Application and/or terminate your Membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: (a) where cacaoweb™ believes that you are in any way in breach of the Agreement; and (b) where cacaoweb™ believes that you are, at any time, conducting any unauthorized commercial activity by and through your Membership.
Items (a), (b) and (c) below shall be referred to herein collectively as the "Services."
(a) Visitors that possess the requisite technology shall have the opportunity to view certain Member Video Content as uploaded by either Free Members or Premium Members. When viewing uploaded Member Video Content, Visitors will have access to the slowest streaming and downloading speeds.
(b) Site users that possess the requisite technology shall have the opportunity to, upon submitting an Application and receiving cacaoweb’s™ approval, utilize the "Free Services" in order to: (i) upload Member Video Content files to the Site and store them on the Site and store that Member Video Content on the Site; (ii) via the Site's functionality, generate transferable Uniform Resource Locators (“Member URLs”) through which the subject Member Video Content will be accessible; and (iii) use the Site's "Video Manager" functionality to zip, unzip, move, copy, delete, password protect and otherwise modify the Member Video Content files and Member URLs. Member Video Content uploaded by Free Members will be identified as uploaded by the applicable Free Member; provided, however, that the Free Member may designate any Member Video Content uploaded by that Free Member as private. Each Member Video Content clip uploaded by Free Members must be shorter than fifteen (15) minutes in length. cacaoweb™ reserves the right to delete Member Video Content uploaded by Free Members from the Site at any time. Free Services Members will be permitted to view a maximum of seventy-two (72) minutes of all Member Video Content per day. When viewing uploaded Member Video Content, Free Services Members will have access to the intermediate streaming and downloading speeds.
(c) Site users that possess the requisite technology shall have the opportunity to, upon submitting an Application and receiving cacaoweb’s™ approval, utilize the "Premium Services" for a fee in order to: (i) upload the largest Member Video Content files permissible to the Site at the fastest speeds available; (ii) via the Site's functionality, generate transferable Member URLs through which the subject Member Video Content will be accessible; (iii) utilize unlimited storage capacity for Member Video Content; and (iv) use the Site's Video Manager functionality to zip, unzip, move, copy, delete, password protect and otherwise modify the Member Video Content files and Member URLs. Member Video Content uploaded by Premium Members will be identified as uploaded by the applicable Premium Member; provided, however, that the Premium Member may designate any Member Video Content uploaded by that Premium Member as private. Member Video Content uploaded by Premium Members shall remain on the Site for as long as that individual remains a Premium Services Member. Each Member Video Content clip uploaded by Premium Members must be shorter than fifteen (15) minutes in length. Premium Services Members will be permitted to view an unlimited amount of Member Video Content per day. When viewing uploaded Member Video Content, Premium Members will have access to the fastest streaming and downloading speeds.
YOU MAY NOT USE THE SITE AND/OR SERVICES TO DOWNLOAD OR DISPLAY ANY OBSCENE, PORNOGRAPHIC, SEXUALLY EXPLICIT OR OTHERWISE PRURIENT IMAGES, VIDEO OR PHOTOGRAPHS.
The Member Video Content is uploaded by Free Members and/or Premium Members and contains comments, opinions, advice, statements, offers, products, services, requests, solicitations and other information that is provided directly by Free Members and/or Premium Members, as applicable. Member Video Content is provided by the applicable Free Members and/or Premium Members, not cacaoweb™, and thus should not necessarily be relied upon. The Free Members and/or Premium Members are solely responsible for the accuracy, completeness, appropriateness or usefulness of such Member Video Content. cacaoweb™ does not represent or warrant that the Member Video Content is accurate, complete or appropriate. You understand and agree that cacaoweb™ will not be responsible for, and cacaoweb™ undertakes no responsibility to monitor or otherwise police, such Member Video Content. You agree that cacaoweb™ has no obligations and shall incur no liabilities to you in connection with any such Member Video Content.
cacaoweb™ does not control the Member Video Content provided by Free Members and/or Premium Members that is made available by and through the Services and/or Site. You may find certain Member Video Content to be offensive, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when accessing the Member Video Content and using the Services and/or Site. You are solely responsible for your interactions with other Site-users including, but not limited to, Visitors, Free Members, and/or Premium Members. Because we are not involved in Site-user interactions, in the event that you have a dispute with one or more Visitors, Free Members and/or Premium Members, you hereby release cacaoweb™ from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
cacaoweb™ will not be liable in any respect for lost, stolen or misdirected Member Video Content, for any failure to secure or protect Member Video Content and/or for failure to use the Services properly. You should keep copies of all Member Video Content submitted to the Site. You understand and agree that cacaoweb™ is not responsible or liable in any manner whatsoever for your inability to utilize the Services.
As a Member, you agree that you are solely responsible for the Member Video Content uploaded by you to the Site, and for any and all subsequent uses of the Member URLs. If you post Member Video Content, you represent and warrant that you have all necessary ownership or other rights in and to the Member Video Content enabling you to upload it on the Site, generate a Member URL and share the Member URL and associated Member Video Content as intended. Without limiting the foregoing, you agree to use the Services in a manner consistent with any and all applicable laws and regulations. In connection with the Member Video Content and Member URLs (collectively, "Content"), and your performance under the Agreement, you agree not to: (a) display any Content that could be considered unlawful, harmful, threatening, defamatory, harassing or otherwise objectionable; (b) display any Content that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (c) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third person; (d) display any images containing confidential information without prior authorization; (e) display any images that may be deemed obscene in your community, as defined under applicable law; (f) express or imply that any statements you make are endorsed by cacaoweb™, without our specific prior written consent; (g) interfere with or disrupt the Services, Site and/or the servers and/or networks connected to same; (h) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (j) "frame" or "mirror" any part of the Site and/or Services without our prior written authorization; (k) display any Content that could be considered exploitative of children in any way, whatsoever; and/or (l) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site and/or Services or any software used on or for same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your account and access to the Services without notice, in the sole discretion of cacaoweb™. cacaoweb™ reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct. Without limiting the foregoing, cacaoweb™ reserves the right to report any Content that could be considered exploitative of children in any way, whatsoever, to the National Center for Missing and Exploited Children's CyberTipline and any and all other applicable legal and regulatory bodies.
As a user of the Site and, where applicable, a Member, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Member URLs, Site, Services and associated content (collectively, "cacaoweb™ Content"). cacaoweb™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by cacaoweb™, you may only use the Site and the cacaoweb™ Content for your own personal, non-commercial use. No part of the cacaoweb™ Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect cacaoweb™ Content except as expressly permitted by cacaoweb™. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer cacaoweb™ Content or any portion thereof. You may not create any "derivative works" by altering any aspect of the cacaoweb™ Content. You may not use the cacaoweb™ Content in conjunction with any other third-party content. You may not exploit any aspect of the cacaoweb™ Content for any commercial purposes not expressly permitted by cacaoweb™. You further agree to indemnify and hold harmless cacaoweb™ for your failure to comply with this Section 11. cacaoweb™ reserves any rights not explicitly granted in the Agreement.
The cacaoweb™ Content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the cacaoweb™ Content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the cacaoweb™ Content is strictly prohibited. You do not acquire ownership rights to any cacaoweb™ Content or other materials viewed at or through the Site. The posting of information or material at the Site does not constitute a waiver of any right in such information and/or materials.
Pursuant to 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act, cacaoweb™ reserves the right to terminate the account of any Member who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to cacaoweb™ and later confirmation through court order or an admission by the applicable Member that an account has been an instrument of unlawful infringement, cacaoweb™ reserves the right to terminate the infringing Member's account and access to the Site and/or Services. cacaoweb™ may also, in its sole discretion, decide to terminate a Member's Site and/or Services privileges prior to that time if it has a good faith belief that infringement has occurred. In addition, pursuant to 17 U.S.C. § 512(c), cacaoweb™ has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. cacaoweb™ respects the intellectual property of others, and we ask our subscribers to do the same. If you believe that your copyright has been infringed through the use of the Services, or otherwise, please contact cacaoweb™: copyright.infringement@cacaoweb.org
Any attempt by any individual, whether or not an cacaoweb™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services is a violation of criminal and civil law and cacaoweb™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Member hereby represents and warrants to cacaoweb™ that: (a) the Agreement constitutes Member's legal, valid and binding obligation which is fully enforceable against Member in accordance with its terms; (b) the execution, delivery and performance by Member of the Agreement, as well as the Member Video Content and any use thereof, will not conflict with or violate: (i) any provision of law, rule or regulation to which Member is subject; (ii) any order, judgment or decree applicable to Member; or (iii) any agreement or other instrument applicable to Member; (c) Member's performance under the Agreement, the Member Video Content, the Member URLs and any use thereof, will not: (i) invade the right of privacy or publicity of any third party; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law, rule, Federal Trade Commission implementing regulation and/or court order; (iv) infringe upon the trademark, trade name, service mark, copyright, license or other intellectual property or proprietary right of any third party; and/or (v) otherwise violate the prohibitions contained in Section 9 above; and (d) Member will be solely responsible for its Member Video Content, Member URLs and any use thereof.
You agree to indemnify and hold cacaoweb™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Services in any way; (b) your breach of the Agreement; (c) the Member Video Content and/or Member URLs; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 16 are for the benefit of cacaoweb™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
THE SITE, SERVICES, MEMBER VIDEO CONTENT LOG-INS, MEMBER URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, cacaoweb™ MAKES NO WARRANTY THAT THE SITE, SERVICES, MEMBER VIDEO CONTENT LOG-INS, MEMBER URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE, SERVICES, MEMBER VIDEO CONTENT LOG-INS, MEMBER URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. cacaoweb™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE, SERVICES, MEMBER VIDEO CONTENT LOG-INS AND/OR MEMBER URLS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM cacaoweb™ OR OTHERWISE THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT cacaoweb™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF cacaoweb™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, SERVICES, MEMBER VIDEO CONTENT LOG-INS, MEMBER URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA, MEMBER VIDEO CONTENT, MEMBER VIDEO CONTENT LOG-INS AND/OR MEMBER URLS; AND (D) ANY OTHER MATTER RELATING TO THE SITE, SERVICES, MEMBER VIDEO CONTENT LOG-INS, MEMBER URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE cacaoweb™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF cacaoweb™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).
NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, SERVICES, MEMBER URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, MAY BE BROUGHT BY YOU OR cacaoweb™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND cacaoweb™. ACCESS TO THE SITE, SERVICES, MEMBER VIDEO CONTENT LOG-INS, MEMBER URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS cacaoweb’S™ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Site and/or Services contain links to other websites on the Internet that are owned and operated by third parties. cacaoweb™ does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by cacaoweb™ of the applicable website or any association with the website's operators. Because cacaoweb™ has no control over such websites and resources, you agree that cacaoweb™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that cacaoweb™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.
We reserve the right in our sole discretion to edit and/or delete any Member Video Content, cacaoweb™ Content, documents, information or other material appearing on the Site.
All materials that you submit through or in association with the Site including, without limitation, the Registration Data, shall be subject to the Privacy Policy. To access the Privacy Policy, please Click Here.
The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).
Should a dispute arise concerning the Site, Services, the terms and conditions of the Agreement or the breach of same by any party hereto, you may commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to us. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you may submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence. For claims of Ten Thousand Dollars ($10,000.00) or less, you may choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that you incurred for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against cacaoweb™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that cacaoweb™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
If you have any questions about the Agreement or about the practices of cacaoweb™, please feel free to contact us by email Clicking Here, or by phone or mail at:
CACAOWEB LTD
Registered in England and Wales
Company Number: 07607164
807 NEW PROVIDENCE WHARF
1 FAIRMONT AVENUE
E14 9PB LONDON
UNITED KINGDOM
Phone: 020 8720 6987
CACAOWEB LIMITED
Registered in Hong Kong
Certificate No: 62501346-000-12-13-1
RMS 05-15, 13 A/F SOUTH TOWER
WORLD FINANCE CTR HARBOUR CITY
17 CANTON RD TST KLN
HONG KONG
cacaoweb has established a visible and easily accessible means of allowing anyone to notify it of dissemination via the Website of the following content:
- child pornography;
- dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse);
- unlawful, obscene, defamatory or libelous material; or
- any sexually explicit content (including but not limited to images of rape, bestiality, intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia).
To this end, you may send a detailed email to our PROHIBITED CONTENT SERVICE, specifying the date, your name, the URL address of the content in question and a description of the content in question
The email must be sent via the email address:
abuse@cacaoweb.org.
Upon receipt by cacaoweb of notice of the aforementioned violations, the content in question will be reviewed and may be removed from the Website. Additionally, relevant authorities may be notified.
cacaoweb intends to fully comply with the Digital Millennium Copyright Act ("DMCA"), including the notice and "take down" provisions, and to benefit from the safe harbors immunizing cacaoweb from liability to the fullest extent of the law. cacaoweb reserves the right to terminate the account of any Member who infringes upon the copyright rights of others upon receipt of proper notification by the copyright owner or the copyright owner's legal agent.
Included below are the processes and procedures that cacaoweb will follow to resolve any claims of intellectual property violations:
A) Notice for Claims of Intellectual Property Violations.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide cacaoweb's Copyright Agent with the following information:
cacaoweb's Copyright Agent for Notice for Claims of Intellectual Property Violations can be reached as follows:
copyright.infringement@cacaoweb.org
Alternatively, we have a takedown API available to fast track the DMCA requests. Inquire at the email above if you're interested in using it.
Upon cacaoweb's receipt of a Notice for Claims of Intellectual Property Violations, cacaoweb will take the following steps:
B) Counter Notification Form.
If a Member receives notice that a material or activity posted on the Site was removed or disabled and the Member wishes to dispute the Notice for Claims of Intellectual Property Violations, the Member must provide cacaoweb's Copyright Agent with the following information:
C) cacaoweb's Response upon Receipt of a Counter Notification Form.
Upon cacaoweb's receipt of a Counter Notification Form, cacaoweb will take the following steps:
To the extent the notices and "take down" requirements above deviate from the requirements under the DMCA, then the notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and at the sole discretion of cacaoweb, Members who are deemed to be repeat copyright infringers. We may also in our sole discretion limit access to the Site and/or terminate the account of any Member who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement.
By registering with, or providing Personal Information on, the Site, users allow us and our affiliates to make their Personal Information available to third parties in accordance with the terms of this Privacy Policy, and to otherwise provide marketing offers to such users. While on the Site, submitting an application to become a Member or utilizing the Services, we may collect Personal Information from you. For the purposes of this Privacy Policy, Personal Information shall mean individually identifiable information from or about an individual including, but not limited to, the individual's: (a) e-mail address; (b) Facebook® account ID; (c) credit card information or PayPal® information (depending on your preferred means of payment); and/or (d) any other information requested on the applicable registration form. For purposes of this Privacy Policy, items (b) and (c) in the preceding sentence shall be referred to as "Sensitive Information."
The Personal Information that you submit to us remains your property, but by submitting such information to us you grant us the right, subject to applicable state and federal law, to use the Personal Information (other than Sensitive Information) for marketing purposes. Without limiting the generality of the foregoing, we reserve the right to share, sell, rent, lease and/or otherwise distribute any and all Personal Information (other than Sensitive Information) with/to any third-party for any and all uses permitted by this Privacy Policy and applicable law. These third parties may include, but shall not be limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where and to the extent permitted by applicable law); (d) SMS text-based marketers (where and to the extent permitted by applicable law); and (e) direct marketers.
We may also use your Personal Information for any Services-related purpose, and/or marketing and survey purpose, on our own behalf and on behalf of our affiliates and subsidiaries. We may disclose Personal Information to third-party agents and independent contractors that help us create and/or operate promotions and surveys. You agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Services and/or Site.
Please keep in mind, though, that we do not control, and are not responsible for, the practices of our third-party advertisers. If you wish to stop receiving future communications from us and/or third party advertisers, or if you wish to prevent the transfer and/or sale of your Personal Information to third parties (subject to restrictions contained in applicable state and federal law), please see the Removal of Your Information/Opting Out section below.
By submitting your Facebook® account ID at the Site, you agree to grant us access to your Facebook® profile for the sole and exclusive purpose of delivering Member Content URLs (as defined in the Terms and Conditions) to your Facebook® profile.
By submitting your Personal Information at the Site, you agree to receive e-mail marketing from us and our third-party advertisers. In addition, where you submit a telephone number at the Site, if ever, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). With respect to the ATSR, and notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the terms of the ATSR.
In addition, where you submit a mobile telephone number at the Site, if ever, you agree to receive mobile marketing including, but not limited to, SMS text-message based marketing, from us and our third party advertisers and marketers (where, and to the extent that, such marketing is permitted by applicable law). As such, notwithstanding that your mobile telephone number may be listed on state and/or federal Do-Not-Call registries, we retain the right to contact you via SMS text-message based marketing in accordance with applicable state and federal law. Further, you agree that we reserve the right to share, sell, rent, lease and/or otherwise distribute your mobile telephone and other mobile data with/to any third-party for any and all non-marketing uses permitted by this Privacy Policy and applicable law.
We reserve the right to release current or past Personal Information: (i) in the event that we believe that the Site and/or the Services is/are being or has/have been used in violation of this Privacy Policy, the Terms and Conditions or to commit unlawful acts; (ii) if the information is subpoenaed or otherwise requested pursuant to a valid legal proceeding provided, however, that cacaoweb shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of your information pursuant to a subpoena; or (iii) if we are sold or acquired. Moreover, you hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit Personal Information to be shared or transferred to third parties without permission.
If you enroll in certain Member programs, we may use your Personal Information to send you a welcome email that may confirm your user name and password. In addition, we may send you electronic newsletters, contact you about Services and other products, services, information and news that may be of interest to you, and provide you with targeted feedback. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use such information (including Personal Information) to respond to your questions or comments, and we may file your questions or comments for future reference.
We may also supplement the information that we collect with information from other sources to assist us in evaluating and improving the Site and Services, and to determine your preferences so that we can tailor the Site and Services to your needs.
Each time that you visit the Site, our web server automatically recognizes your IP address and the web page from which you came. Your IP address is used to help identify you and to gather broad demographic information about you. We also use your IP address to help diagnose problems with our servers, to administer the Site and to better serve you in using the products, services and other features associated with the Site.
Cookies: The first time that a user provides an e-mail address in connection with his/her activities at the Site, we assign an identification number to that e-mail address and deploy a cookie to the applicable user's PC. Whenever that user comes back to the Site using the same PC, the cookie allows the Site to identify the user and to recall the user's e-mail address. If, at any time, a user provides other information in connection with his/her activities on the Site (such as name, address, birth date, gender, etc.), we may store that information, along with the user's e-mail address, in our user database. We may use the information stored in our database: (a) to effectuate the purpose or transaction for which the information was originally provided by a user; (b) to pre-populate information fields in the event that the subject user wishes to purchase products and/or services or sign up for and/or subscribe to services, promotions or other offers in the future; (c) to ensure that a user will not be repeatedly exposed to the same advertisements, offers and/or promotions while visiting the Site; and/or (d) to, in connection with regular communication with a user, include offers, promotions or advertisements that were historically, or are likely to be, of interest to that user. We also use cookies to anonymously track and target the interests of our users to further enhance the experience on the Site. To find out more about cookies, please visit www.cookiecentral.com. To disable and reject cookies, please follow the instructions associated with your Internet browser.
Action Tags: An action tag or a web-beacon (also known as a clear gif or a pixel tag) is a method used to track responses or actions by visitors who view certain advertisements or other information on the Site. Action tags are 1x1 pixel images embedded in a website page that are used to transparently collect information. We may use action tags to count the number of times that visitors click on a particular banner ad or visit the pages of the Site and to provide information about what products/services are viewed or purchased. We reserve the right to retain cookie and action tag data indefinitely. At no time will we share cookie-related, action-tag-related and/or generated information and/or data with third parties.
We use demographic information to tailor the Site and/or Services to the interests of our users. Demographic information is shared with third party advertisers so that they can tailor their advertisements to the appropriate audience. Demographic information may also be shared with other third parties.
We reserve the right to provide aggregate or group data about our users for lawful purposes. Aggregate or group data is data that describes the demographics, usage or characteristics of our participants as a group, without disclosing personally identifiable information. By becoming a Member, you agree to allow us to provide such aggregate data to third parties. By agreeing to the terms of this Privacy Policy, you hereby consent to the disclosure of any record or communication to any third party when we, in our sole discretion, determine the disclosure to be appropriate.
The Site may contain links to third-party owned and/or operated websites. cacaoweb is not responsible for the privacy practices or the content of such websites. In some cases, you may be required to provide certain information to register or complete a transaction at such websites. These third-party websites have separate privacy and data collection practices and cacaoweb has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of such websites. These third party entities are independent third parties and are not affiliated with us.
We endeavor to safeguard and protect our users' information. The privacy of your Personal Information is very important to us. The servers that we store personally identifiable information in are kept in a secure physical environment. We have security measures in place to protect the loss, misuse and alteration of Personal Information under our control. When our registration/application process asks users to enter Sensitive Information, and when we store and transmit such Sensitive Information, that information is encrypted and protected with SSL encryption software. While we use SSL encryption to protect Sensitive Information online, we also do everything in our power to protect all user information off-line and online. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk.
However, access to your information is strictly limited, and not accessible to the public. All of our users' information is restricted in our offices. Only employees who need the information to perform a specific job are granted access to Personal Information. Our employees are dedicated to ensuring the security and privacy of all user information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
No information should be submitted to, or posted at, the Site by visitors under eighteen (18) years of age. Persons under eighteen (18) years of age are not permitted to access the Site and we do not knowingly collect Personal Information from such individuals. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
At your request, we will inform you of what Personal Information we have on file for you. In addition, at your request, we will update and/or remove Personal Information that you have provided to us. You may do so by e-mailing us at privacy@cacaoweb.org. However, deleting your Personal Information, or otherwise opting-out of receipt of communications from us or third parties, will only change or delete the data in our database for purposes of transacting future business on the Site and for managing future communications from us and third parties. These deletions will not change the fact that your Personal Information may have already been shared with third parties, as provided above in this Privacy Policy. You will need to contact third parties who may contact you directly to change your preferences or delete your Personal Information that they may have in their databases.
cacaoweb reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use personally identifiable information changes, cacaoweb will notify its users by posting the updated Privacy Policy on the Site and: (a) sending the modified policy to its Members via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner. At any time that you do not agree with the changes, you must opt out from receiving future communications from us (see the “Opt-Out/Unsubscribe” section above). Failure to opt out after notice of any such changes constitutes an affirmative acknowledgement and acceptance by you of the modified Privacy Policy.
