govern and control when you transmit upload, post, e-mail or otherwise make available
data, text, software music, sound, photographs, graphics, images, videos, messages or
other materials ("User Content'') on HTML.cafe
PLEASE READ THESE TERMS CARFEFULLY BEFORE UPLOADING ANY USER CONTENT TO THE
IMPORTANT NOTICE – THIS IS A CONTRACT. In consideration for the permission by
HTML.cafe to post User Content you agree that by accessing or using the Site on any
computer, mobile phone, tablet, console or other device (collectively, "Device"), you
signify that you have read, understand and agree to be bound by these Terms without
limitation or qualification and any other applicable law.
GENERAL RULES FOR USER CONTENT
When you transmit upload post, e-mail or otherwise make available User Content on or
to the Site (a "Submission"), you are entirely responsible for such User Content. Such User
Content constitutes a Submission by you and this means that you and not HTML.cafe are
entirely responsible for all User Content that you post to any Site and that any such
access or use is undertaken at the your own risk.
Your Representation of Ownership
If you share or post a picture, while you do own it, you are agreeing to these Terms. You
are responsible to make sure that your Submission is original and not created or owned
by another person or entity. You hereby represent and warrant that (i) you own all rights
in and to your User Content. (ii) if the User Content is subject to third party proprietary
rights. you have all necessary licenses, rights, consents and permissions to publish the
User Content you submit and to grant the rights granted herein, including permission
from all person(s) appearing in your user Content: (iii) you are not a minor, (iv) you are
legally entitled to post the User Content, and the use of your User Content as described
herein will not violate the rights, including but not limited to copyright, trademark,
privacy, publicity or other proprietary rights, of any third party or any law and (v) the
User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent,
threatening, harassing, hateful, or offensive. You hereby release, discharge and agree
to hold us, and any person acting on our behalf, harmless from any liability related in
any way to the use of your User Content.
Be Appropriate. By posting User Content you agree you will not upload that, in
HTML.cafe's sole discretion, is illegal, offensive, libelous, defamatory, inflammatory,
deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent,
harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene,
pornographic, violent, sexually explicit, invasive of privacy, offensive in a sexual,
racial, cultural, or ethnic context, or will harm or threaten the safety of others.
HTML.cafe is not responsible or liable for any User Content or other content posted
on our Sites or for any offensive, unlawful or objectionable content you may encounter
on or through our Sites. The User Content and the materials and products on a Site are
provided "AS IS" and without warranties of any kind. To the fullest extent permitted by
law, HTML.cafe disclaims all warranties, express or implied, including, but not limited
to, implied warranties of title, merchantability, fitness for a particular purpose and noninfringement.
HTML.cafe does not guarantee and does not promise any specific
results from use of our User Generated Sites. HTML.cafe does not represent or warrant that
our Sites will be uninterrupted or error free, that any defects will be corrected, or that
they or the server that makes them available are free of viruses or anything else harmful.
To the fullest extent permitted by law, HTML.cafe does not make any warranties or
representations regarding the use of the materials or content on our Site in terms of their
correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand
and agree that you download or otherwise obtain content at your own risk, and that
you will be solely responsible for your use and any damage to your mobile device,
computer system or other device in which you access our Site, loss of data or other
harm of any kind that may result. HTML.cafe reserves the right to change any and all User
Content and other items used or contained on our Site at any time without notice.
Limitation of Liability
HTML.cafe SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL INCIDENTAL INDIRECT OR
CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, OUR USER CONTENT OR THE
CONDUCT OF OTHER USERS (WHETHER ONLINE OR OFFLINE) OR ANY USER-GENERATED
CONTENT, EVEN IF HTML.cafe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR SITES. YOUR ONLY REMEDY
AGAINST HTML.cafe FOR USE OF OUR SITE OR ANY CONTENT IS TO STOP USING THE SITES.
HTML.cafe reserves the right in its sole discretion to delete your
page and any of your User Content, and restrict your use of all or any part of our Sites
for any or no reason, without notice, and without liability to you or anyone else.
HTML.cafe also reserves the right to block users from certain IP addresses or Device
numbers and prevent access to our Sites. You understand and agree that some of your
User Content, such as that which is displayed outside your profile, in activity feeds, in
other parts of the Site, or on other platforms (e.g., Facebook, Twitter, Google, etc.), may
continue to appear on the Site or on other platforms even after your User Content is
removed or your account is terminated. These Terms and Conditions remain in effect
even after your account is terminated.
These Terms constitute the entire agreement between you and HTML.cafe with respect to
the User-Content. The failure of HTML.cafe to exercise or enforce any right or provision of
these Terms shall not constitute a waiver of such right or provision. If any provision of
these Terms is found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining provisions of
these Terms, which shall remain in full force and effect.