latteboy.com TERMS OF SERVICE
NOTICE: This is an agreement governing your relationship with latteboy.com and use of the latteboy.com’s Service (defined below), associated Application (defined below) and this Website (defined below) provided to you by latteboy.com. You may use the Service, Application and Website only on the condition that you accept all of the terms and conditions contained herein.
By using any of the services provided to you by latteboy.com (collectively, the “Service”), and downloading, installing or using any associated application for purpose of using the Service (the “Application”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement (defined below), and any future amendments and additions to this Agreement as published from time to time at: www.latteboy.com or through the Service and which are incorporated herein by reference. You may also receive a copy of these Terms of Service by contacting latteboy.com at: email@example.com. If you choose not to agree with any of the terms, you should NOT use the Service and the Application.
Acceptance of Terms of Service
This Terms of Service Agreement (the “Agreement” or “Terms of Service”) is a legal agreement between you, either an individual or an entity (the “User”), and latteboy.com (“latteboy.com”), regarding the Service and Application. Latteboy.com makes the Service and Application available to you through your device and related plug-ins, add-ons and applications subject to the terms and conditions set forth in this Agreement.
If you do NOT agree to any additional specific terms which apply to particular latteboy.com Content (as defined below) or to particular transactions concluded through the Service and/or Application, then you should NOT use the part of Service and/or Application which contains such latteboy.com Content or through which such transactions may be concluded and you should NOT use such latteboy.com Content or conclude such transactions immediately. Also, when you use any current or future latteboy.com Service or obtain any products or Service, whether free of charge or for payment, of latteboy.com or any business affiliated with latteboy.com, you will be subject to the guidelines and conditions applicable to such services or business.
These Terms of Service may be amended by latteboy.com at any time and upon notice given by one or more of the following means: upon notice given to you after you login to your Account (as such term is defined below), by email communication to the email address provided by you when you setup your Account or otherwise on record for your Account, or by written mail communication to the address on record for your Account. You will be given the opportunity to opt-out, provided that, if you choose to opt-out all or part of the Service may no longer be available to you. Also, specific terms and conditions may apply to specific content, products, materials, Service or information contained on or available through the Service and/or Application (“latteboy.com’s Content”) or transactions concluded through the Service. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Service, such specific terms will supersede these Terms of Service.
Latteboy.com reserves the right to make changes or updates with respect to or in latteboy.com’s Content or the format thereof at any time without notice. Latteboy.com reserves the right to terminate or restrict access to the Service or any portion thereof for any reason whatsoever at its sole discretion.
The following restrictions and conditions apply to the use of Service and creating and maintaining the Account:
- You shall not create an account in connection with the Service (an “Account”), or access Service if you are under the age of 13;
- You shall monitor your Account to restrict use by minors, and you shall deny access to children under the age of 13. You accept full responsibility for any unauthorized use of Service by minors in connection with your Account. You are solely responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors;
- You shall not use Service if you are located in a country embargoed by the United States or if you are a resident of any nation that is on the U.S. Treasury Department’s list of Specially Designated Nationals;
- You shall use your Account only for non-commercial purposes. Thus, your use of the Service is only for personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service;
- Unless otherwise agreed to by latteboy.com in writing, you shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party; and
- You shall not use your Account to engage or assist in any illegal conduct.
You hereby acknowledge and agree that your login, number, name and profile picture may be publicly available to other users and some search engines may index your name and profile photo, if applicable.
You expressly acknowledge and agree that in order to provide the Service, latteboy.com may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to latteboy.com to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service.
During the Account setup process, you may be required to select a specific username and password, which you may also set up using an existing social media outlet (“Login Information”). The following rules govern the security of your Login Information:
- You shall not share the Account or the Login Information with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account;
- In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify latteboy.com and modify your Login Information;
- You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
- You are solely responsible for any unauthorized use of your Account.
Latteboy.com reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that your username violates such third party’s rights.
Description of Service
Apple Store and Google Play Applications
You acknowledge and agree that this Agreement is between only you and latteboy.com, and not Apple, Inc. (“Apple”) or Google Play (“Google Play”) and latteboy.com is solely responsible for the Apple and Google Play store versions of the Application. Your use of the Apple and/or Google Play store version(s) of the Application must, however, comply with the Apple’s store Terms and Conditions (http://www.apple.com/legal/internet-services/itunes/us/terms.html) and/or the Google Play’s store Terms and Conditions (https://play.google.com/intl/en_us/about/play-terms.html).
You acknowledge that Apple and Google Play have no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
In the event of any failure of the Apple or Google Play store version of the Application to conform to any applicable warranty, you may notify Apple and/or Google Play, and Apple and/or Google Play will refund the purchase price for the Apple and/or Google Play store version(s) of the Application to you and to the maximum extent permitted by applicable law. You acknowledge and agree that Apple and Google Play will have no other warranty obligation whatsoever with respect to the Apple and/or Google Play store version(s) of the Application.
You and latteboy.com acknowledge that, as between latteboy.com and Apple, and latteboy.com and Google Play, Apple and Google Play are not responsible for addressing any claims you may have or of any third party relating to the Apple and/or Google Play store version(s) of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple and/or Google Play store version(s) of the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and latteboy.com acknowledge and agree that Apple and Google Play, and Apple’s and Google Play’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the Apple and/or Google Play store version(s) of the Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple and/or Google Play will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Apple and/or Google Play store version(s) of the Application against you as a third party beneficiary thereof.
Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the Apple and/or Google Play store version(s) of the Application.
Warranties and Disclaimers
ALL CONTENT AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LATTEBOY.COM HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE SERVICE, APPLICATION OR THE CONTENT. LATTEBOY.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF SERVICE AND/OR APPLICATION. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. LATTEBOY.COM DOES NOT WARRANT THAT THE SERVERS, APPLICATION OR ELECTRONIC COMMUNICATIONS SENT BY LATTEBOY.COM ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except agreed by latteboy.com in writing, contractors, agents, dealers or distributors of latteboy.com or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
THE USE OF THE SERVICE AND/OR APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. LATTEBOY.COM ASSUMES NO LIABILITY FOR ANY VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR DEVICE VIA SERVICE AND APPLICATION OR IN CONNECTION WITH SERVICE AND/OR APPLICATION. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LATTEBOY.COM OR FROM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
You understand and agree that by using the Service and products, if any, contained therein, you may be exposed to latteboy.com’s Content that you may find offensive, indecent or objectionable and that, in this respect, you use Service and products at your own risk.
IN NO EVENT SHALL LATTEBOY.COM OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE LATTEBOY.COM’S CONTENT, APPLICATION, SERVICE, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH SERVICE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO YOUR CONTENT, SERVICE AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF LATTEBOY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST LATTEBOY.COM PERTAINING TO OR IN CONNECTION WITH SERVICE MUST BE COMMENCED AND NOTIFIED TO LATTEBOY.COM IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
[Latteboy.com is committed to protecting the security of our Service. We use a variety of security technologies and procedures. Our data networks are protected by industry standard firewall and password protection systems and our security policies are periodically reviewed and enhanced as necessary. However, you should be aware that no data transmission over the Internet can be guaranteed secure. As a result, while we strive to offer safe environment for our users, we cannot guarantee the security of any information you transmit to us and to other users of the Service and you use our content, products, and Services at your own risk.
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO LATTEBOY.COM IN CONNECTION WITH THE SERVICE AND/OR APPLICATION IS TRUE AND ACCURATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THE TERMS OF SERVICE AND PROVIDE LICENSE AS SET FORTH IN SECTION “LICENSE TO YOUR CONTENT;” (iii) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THE TERMS OF SERVICE; (iv) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS; AND (v) YOUR MATERIALS, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT (“YOUR CONTENT”) THAT IS AVAILABLE TO OTHER USERS OF SERVICE AND THAT IS NOT PROVIDED BY LATTEBOY.COM DOES NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
The term of this Term of Service (“Term”) shall begin when you start using the Service and/or Application and shall continue in perpetuity unless otherwise terminated by latteboy.com by written notice or until terminated automatically for your breach as set forth below. Latteboy.com expressly reserves the right to change, suspend or discontinue all the Service or portion thereof, at any time, and may terminate your use of the Service at any time. Without prejudice to any other rights, this Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Terms of Service, you must immediately cease using the Service including without limitation any use of latteboy.com’s trademarks, trade names, copyrights and other intellectual property.
UPON TERMINATION OF THIS AGREEMENT, YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICE AND/OR APPLICATION IN ANY WAY.
Limitations of Availability
Latteboy.com does not make any representation that the Application and/or Services is available or permitted in any particular location or Establishment (defined below). Use of the Services and/or Application is void where prohibited. You use the Services and/or Application at your own initiative and are responsible for compliance with any applicable laws.
Third Party Software Access to Third-Party Sites
Latteboy.com can link your account to other social media services that you use, such as Facebook, Twitter and Instagram, if applicable. When you try to link another account, latteboy.com will ask for your permission to access your content and information as well as content and information that others have shared with you. Latteboy.com respects the privacy policies of third-party services. However, latteboy.com is not responsible for misuse of those services using latteboy.com’s Service. You promise and covenant to use the Service only for lawful purposes, and to not violate the rights of third parties. Any unacceptable use, including posting or collecting content that is obscene, pornographic, gory, illegal, threatening or harassing, excessively violent or promoting the harm of self or others, may result in immediate termination of your account and suspension of service access in the future. If you connect your latteboy.com account with a third-party service, latteboy.com collects information through that service. For example, if you connect your account with Facebook, you will be able to see your newsfeed. The information collected varies depending on the service and your privacy settings there, but may include profile information (like age, gender and location), your contacts on that service and content that you’ve made publicly available there. Additionally, linking other social media accounts also gives you the ability to have basic functions, such as “liking” someone’s status and making comments on photos.
Intellectual Property; Application License
Subject to your compliance with this Agreement, latteboy.com grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to use such copy of the Application solely for your own personal use in connection with Services. Furthermore, with respect to any Application accessed through or downloaded from the Apple and/or Google Play store(s), you will use such versions of the Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software) and/or an Android device that runs Android-appropriate operating system software; and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
Copyright, trademark and all other proprietary rights in the Service, Application and/or latteboy.com ‘s Content (including but not limited to software, Service, audio, video and text) rest with latteboy.com and/or its licensors. Unless otherwise specifically provided herein or authorized by latteboy.com in writing, all rights in the Service, Application and/or latteboy.com’s Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Service, Application and/or latteboy.com’s Content. All copyright and other proprietary notices shall be retained on all reproductions.
Latteboy.com hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material are the properties of their respective owners. Latteboy.com disclaims any proprietary interests in the intellectual property rights other than their own.
All rights and privileges provided herein to you under this Terms of Service are subject to your compliance of all of the terms and conditions and payments of applicable fee, if any, to latteboy.com, provided however, that latteboy.com expressly reserves the right to provide the Service free of charge during the Term, and further provided that latteboy.com, solely at its own discretion and upon termination of this Agreement, may elect to provide the same or similar Service for a fee.
Transactions are processed via an Establishment’s payment processor and/or point of sale (“POS”) system vendor (each a “Payment Vendor”). By processing a Payment Transaction via the Application, you authorize an Establishment’s Payment Vendor to charge your credit card or other payment method stored through Application. Transactions processed via the Application may also be subject to the terms and conditions of the applicable Payment Vendor.
Latteboy.com, at its sole discretion, make promotional offers with different features and different rates to any of its customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract with latteboy.com or Establishments. Latteboy.com may change the fees for our Service and/or Application, as we deem necessary. We encourage you to check back at our website periodically if you are interested about how we charge for the Service and/or Application.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide latteboy.com’s Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying latteboy.com and its affiliates and its licensors that your copyrighted material has been infringed.
- An electronic or physical signature of the copyright owner or 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 upon;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A 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.
Latteboy.com’s Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:
Name: Dmitri I. Dubograev, Esq.
901 North Pitt Street, Suite 325
Alexandria, VA 22314
License to Your Content
You hereby grant latteboy.com and latteboy.com accepts a non-exclusive and fully transferable, sublicensable and assignable royalty-free right to store, load, adapt, modify, revise, transform, alter, create derivative works, install, execute, display and share with any third party or other users of latteboy.com’s Service (to “Use”) your Content in connection with the latteboy.com’s Service or Application, on the latteboy.com’s or its affiliates’ websites in connection with latteboy.com’s products and Service pursuant to the terms and conditions of this Terms of Service with the right to sublicense to sublicensee(s) and end users any rights granted hereunder substantially on the terms and conditions set forth herein (the “License”). Your Content includes any materials, text, user status submissions, graphic, audiovisual files, and other content that you may post, share or send using the latteboy.com Service. (See “Your Warranties” above for more information).
Unlawful or Prohibited Use
You may not use Service and/or Application for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of this Service and/or Application. You may not use this Service and/or Application in any manner that could damage, disable, overburden, or impair this Service and/or Application, or that interferes with any third party’s use and enjoyment of this Service and/or Application. You agree that you will not use any third-party software that intercepts, “mines,” or otherwise collects information from or through Service and/or Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by latteboy.com to all users of this Service and/or Application. You shall not institute, assist, or become involved in an attack upon any latteboy.com server or otherwise attempt to disrupt the latteboy.com servers. ANY ATTEMPT BY YOU TO DAMAGE LATTEBOY.COM SERVERS AND/OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF LATTEBOY.COM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, LATTEBOY.COM RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify and hold harmless latteboy.com, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service and/or your Content, including without limitation infringement by your Content of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy.
By using latteboy.com’s Service and/or Application you agree that this Terms of Service and/or Application and any other agreement relating to latteboy.com’s Service and/or Application shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. If you are a resident of the United States for purpose of determination of personal jurisdiction, the federal and state courts within the Commonwealth of Virginia shall have exclusive jurisdiction to adjudicate any dispute arising out of these Terms of Service. You agree that these Terms of Service is to be performed in the Commonwealth of Virginia and that any action, dispute, controversy, or claim that may be instituted based on these Terms of Service, or arising out of or related to these Terms of Service or any alleged breach thereof, shall be prosecuted exclusively in the state and federal courts in of the Commonwealth of Virginia and you, to the extent permitted by applicable law, hereby waive the right to change venue to any other state, county, district or jurisdiction; provided, however, that latteboy.com as claimant shall be entitled to initiate proceedings in any court of competent jurisdiction. If you are a non-US resident, you hereby agree that any dispute, controversy or claim arising or concerning these Terms of Service shall be determined and settled by arbitration in accordance with the International Chamber of Commerce accordance with the Rules of Arbitration of the International Chamber of Commerce (the “Rules”). The claimant party shall appoint one arbitrator and the respondent party shall appoint one arbitrator, and the two arbitrators so appointed shall appoint the third arbitrator, in accordance with the provisions of the Rules. The place of arbitration shall be Washington, DC, USA. The language of the arbitration shall be English. Any award granted by the arbitrator(s) shall be final and binding upon the involved parties and shall constitute the sole and exclusive remedy for any dispute between the involved parties regarding the issue at dispute resolved by such arbitration.
Latteboy.com does not bear any responsibility nor assumes any risks if by any reason a Service and/or Application breach national law of any state. Those who access Service and/or Application do so on their own initiative and are responsible for compliance with their national laws.
Copyright © 2016 latteboy.com. All rights reserved. This Service and/or Application and products and documentation are the copyrighted property of latteboy.com and/or its licensors and protected by copyright laws and international intellectual property treaties. Latteboy.com and related logo, and all related product and Service and/or Application names, design marks and slogans are the trademarks and/or registered trademarks of latteboy.com. All other product and Service and/or Application marks contained herein are the trademarks of their respective owners. Any use of the latteboy.com or third party trademarks or logos without the prior written consent of latteboy.com or the applicable trademark owner is strictly prohibited.