STARTUP BUFFET, INC.
Please Read Carefully Before Using This Website
By your use of this site you agree that:
If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or request our services through this Website.
Within Company's sole discretion these terms are subject to amendment, change, modification, revision, or termination at any time without advance notice to you. Any and all such changes shall be immediately effective at the time they are posted on the Site and it is your (the user's) duty to maintain through the Site, your familiarity with these terms and conditions as they change over time.
1. Information and Privacy User Conduct
All persons under the age of 18 are denied access to this website. If you are under 18 years of age, it is unlawful for you to visit, read, or interact with this website or its contents in any manner. This website specifically denies access to any individual that is covered by the child online privacy act (copa) of 1998.
2. User Conduct
You agree not to post on the Website any content that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets, or any right of privacy or publicity, or (d) otherwise violates any applicable law. You will not post on this Website any links to any external Internet sites that are obscene or pornographic. Any information that you provide to Company must be true, complete, and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance, or regulation.
3. Copyright/Restrictions on Use of Material
The Site(s), the software used with the Site, and all content such as computer code, text, graphics, site-images, etc., along with the collection, arrangement, and assembly of such, are the exclusive intellectual property of Company, or its affiliates, and is protected by both United States and international intellectual property laws; specifically, copyright, trademark/service mark, trade secret, trade dress, patent, and/or other proprietary rights and laws.
Company grants to you only a limited, non-exclusive, non-transferable, non-assignable license to use the intellectual property on the Site solely for the purposes of viewing the Site. Except as expressly provided herein, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Company. You may not use a part of this Website on any other website, without Company’s prior written consent. You may not sell, resell, de-compile, reverse engineer, disassemble, or otherwise translate any of the software portions of the Site or to a human-readable form. You may not copy, reproduce, republish, upload, post, transmit, or distribute materials from the Site or in any way except as authorized herein or thereon or by other prior written permission from Company. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site or, in whole or in part, nor use any content for any purpose other than that intended, unless previously authorized by us in writing. Any unauthorized use of any material contained in the Site is strictly prohibited.
Company respects the intellectual property rights of others and expects our users to do the same. The policy of Company is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com.
4. No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to Company that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
5. Content & Submission
You may submit Content to the Site, including videos, audios and written texts (hereinafter “Content”). The Company cannot guarantee confidentiality of any Content that you submit to the Site.
You are solely responsible of your own Content and Materials submitted. You are also responsible for any consequences as the results of submitting and publishing your Content on the Site regardless of the status of the Content to be visible or invisible to the Public. You warrant and agree that you are the owner or have licenses and rights or gained permissions from original authority and the rightful owner in order to submit the Content to the Site. In addition, you will not use third party copyright material without permission.
You acknowledge and agree that the visibility of the Content that you submitted to the Site could be controlled by you by deleting, removing, make invisible – depends on functionality available. However, you also acknowledge and agree that the Company may retain copies of your Content in our media storage but not for display, distribution, nor perform purpose even after the Content has been deleted or removed by you or the Site administrator. You agree and understand that your content is subject to the Company and the Site’s guidelines which may be update periodically.
6. Free License
You warrant and agree you grant the Company a free license, all patent, trademark, copyright, trade secret or other proprietary rights in your Content that submit to the Site for publication to the Public.
You are the sole owner of your Content and retain full ownership and control of your Content. However, by submitting your Content to the Site, you hereby grant the Company a non-exclusive, worldwide, royalty-free, sublicense, assignable and transferable license to use, display, distribute, reproduce, present, and perform the Content in relation to the Site and the Company’s business. The license you granted to the Company, including but not limited to, allowing the Company to promote and redistribute the whole or part of the Content in any media formats and any media channels.
By submitting your Content to the Site, you hereby grant Visitors and Subscribers of the Site a non-exclusive, worldwide and royalty-free license to access your Content through the Site and related medias and channels. The license you granted to the Visitors and Subscribers, including but not limited to, allowing the Visitors and Subscribers to use, display, distribute, present, and perform the Content in conjunction with any functionality that the Site provided.
Gathering email addresses from Company through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Company should be directed to: firstname.lastname@example.org..
8. Trademarks, Service Marks, Logos, Corporate Identifications Protected
All trademarks, service marks, logos, or other corporate identifications (collectively "Marks") on this Website are trademarks or service marks of Company. User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other website is strictly prohibited without prior written approval by Company.
This Website contains links to third party sites. User accesses these sites at User's own risk; the Website is not responsible for the contents, changes, updates, or other links contained in a linked site. Company provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by the Website or the URL of the site.
Any third party desiring to link to the Website must link to the Website's designated location. No one may link to any other page of this Website without the prior written consent of Company.
You may not link to this Website without Company’s written permission. If you are interested in linking to this Website, please contact email@example.com.
10. General Disclaimer
Although Company has made reasonable efforts to place accurate information on this Website, Company assumes no responsibility for the accuracy of the information. Company PROVIDES THIS WEBSITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. FURTHER, ANY EDUCATIONAL MATERIAL, SEMINAR MATERIAL, OR ANY OTHER REFERENCE IS PROVIDED "AS IS" WHERE IS AND COMPANY FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE CURRENT ACCURACY OF EDUCATIONAL OR OTHER MATERIAL AS BEING CURRENT INFORMATION OR INFORMATION THAT MAY BE RELIED ON TO MAKE BUSINESS OR OTHER DECISIONS COMPANY DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability
COMPANY SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, FOR EDUCATIONAL MATERIAL SOLD OR DISTRIBUTED ON THIS SITE OR AS CONTAINED IN SEMINARS OR EDUCATIONAL CLASSES PROVIDED AT THIRD-PARTY LOCATIONS WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.
User agrees to indemnify and hold harmless, to the fullest extent allowed by law, Company, at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.
13. No Partnership or Agency
User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Company as a result of use of the Website.
14. Limitation Of Liability
Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video or audio from the site. We are also not responsible for any loss attributed to our failure to provide timely reminders to our users. In no event shall Company or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, or (ii) the performance or non performance by Company or any third party providers, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution, or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
15. Compliance With State And Federal Laws
Use of this Site is governed by all applicable federal, state, and local laws. All information available on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Company makes no representation that the Content on this Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal and prohibited.
Company may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, Company cannot be held liable if we fail to notify you.
These Terms shall be construed in accordance with the laws of the State of Delaware, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Delaware if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
17. Thrid Parties Service
Startup Buffet, Inc. uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells .
Please see Payment Terms for additional details.