The Cloudforest Cafe - Terms of use

Please read the entire terms of use before clicking on "agree" below.

By accessing “The Cloudforest Cafe” or the “Cloudforest Gardener” (hereinafter “we”, “us”, “our”, “sites”, “this website”, “The Cloudforest Cafe”, “http://www.cloudforest.com/cafe”, “The Cloudforest Gardener”, “http://www.cloudforest.com”), you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use “The Cloudforest Cafe” or “The Cloudforest Gardener”. We may change these terms at any time and we will do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of “The Cloudforest Cafe” or “The Cloudforest Gardener”, after changes mean you agree to be legally bound by these terms as they are updated and/or amended.

Termination

We may terminate your right to access this website at any time in its sole discretion, with or without cause, and without notice to you. Any content, posts and attachments and other media you have contributed shall remain on “The Cloudforest Cafe” and “The Cloudforest Gardener”, any removal shall only be at the discretion of “The Cloudforest Cafe” or “The Cloudforest Gardener”.

Registration Data

The registration information you provide must be true, accurate, current, and complete. You must promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone elses password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorized use of your accounts. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

Kids and Parents

The sites covered by this policy are not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas.

If your children disclose information about themselves in our public discussion areas, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so. There are also commercially available tools to help you limits your childrens exposure to material online.

Software
Our forums are powered by phpBB (hereinafter “they”, “them”, “their”, “phpBB software”, “www.phpbb.com”, “phpBB Group”, “phpBB Teams”) which is a bulletin board solution released under the “General Public License” (hereinafter “GPL”) and can be downloaded from www.phpbb.com. The phpBB software only facilitates internet based discussions, the phpBB Group are not responsible for what we allow and/or disallow as permissible content and/or conduct. For further information about phpBB, please see: http://www.phpbb.com/.

Content

You agree to grant “The Cloudforest Cafe” and “The Cloudforest Gardener” a perpetual, irrevocable license to freely share, copy, distribute, remix, adapt and transmit any Work you create and post, upload or link to “The Cloudforest Cafe” or “The Cloudforest Gardener”. “Work” includes any content in the form of text, photos, audio, video and other forms of creative works such as writing and art. This license persists even if you or “The Cloudforest Gardener” decide to terminate your membership of the “Cloudforest Cafe”.

You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where “The Cloudforest Cafe” is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that “The Cloudforest Cafe” or “The Cloudforest Gardener” have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. Neither “The Cloudforest Cafe” nor “The Cloudforest Gardener”, nor phpBB shall be held responsible for any hacking attempt that may lead to the data being compromised.

If you elect to post material to the “Cloudforest Cafe”, or if you elect to upload any photographs, audio or video, to the “Cloudforest Cafe”, you will be solely responsible for all original content, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "Postings") you submit. You agree and warrant that any Postings you post to the sites will be true and accurate, will not defame any person or invade any persons privacy, and will not infringe the proprietary rights of any person. You agree not to furnish any Postings to which you do not own the rights. By furnishing Postings, you give “The Cloudforest Cafe” and “The Cloudforest Gardener” the right to use such Postings in any manner and in any media now known or hereafter invented, including, without limitation, the right to combine your Postings with Postings of other members and third parties in varied combinations. You also acknowledge that visitors to the sites may post comments about your Postings that may be derogatory, and that “The Cloudforest Cafe” and “The Cloudforest Gardener” have no obligation to monitor or delete any such postings. Please be aware that “The Cloudforest Cafe” and “The Cloudforest Gardener” do not and cannot monitor all of the Postings made to the “Cloudforest Cafe forums”, and therefore “The Cloudforest Cafe” and “The Cloudforest Gardener” will not be responsible for the content of any Postings. However, “The Cloudforest Cafe” and “The Cloudforest Gardener” do reserve the right to delete or edit any material in any Posting that is obscene, harassing, offensive or otherwise objectionable and not in keeping with the community standards of the site. If “The Cloudforest Cafe” and “Cloudforest Gardener” elect to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. Under no circumstances will ‘The Cloudforest Cafe” and “The Cloudforest Gardener” be liable for any inaccuracy or defect in any Postings. We also expect our users to adhere to certain rules of etiquette. Therefore, you agree not to post, email, or otherwise make available Postings:

  • that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of anothers privacy, or harmful to minors in any way;
  • that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that include personal or identifying information about another person without that persons explicit consent.
  • that are false, deceptive, misleading, deceitful, mis-informative, constitute "bait and switch" or impersonation of any person or entity;
  • contain your own or a third partys advertising, branding or promotional content;
  • that infringe any proprietary rights, including copyright, of any party, or Postings that you do not have a right to make available;
  • that restrict or inhibit any other user from using and enjoying “The Cloudforest Cafe” and “The Cloudforest Gardener”.

Because “The Cloudforest Cafe” and “The Cloudforest Gardener” does not monitor the Postings, you agree to use and rely on them at your own risk. “The Cloudforest Cafe” and “The Cloudforest Gardener” cannot make any representation or warranty about the material contained in the Postings. “The Cloudforest Cafe” and “The Cloudforest Gardener” likewise assume no responsibility for any contact you may have with other users of our sites, either online or offline. If you elect to meet in person with someone you may meet on our sites, you do so at your own risk, and under no circumstances will “The Cloudforest Cafe”, “The Cloudforest Gardener” and its founders and affiliates be liable for any activity or injury that may occur.

Commercial Use Policy

Any commercial or promotional distribution, publishing or exploitation of the “The Cloudforest Cafe” and “The Cloudforest Gardener” or any content, code, data or materials on “The Cloudforest Gardener” is strictly prohibited; unless you have requested and received permission from “The Cloudforest Cafe” or “The Cloudforest Gardener”. This applies to all forums, content, articles and reviews. As a general rule, these posts and links are NOT permitted, regardless of how the post or link is framed (including but not limited to direct advertisements, adverquestions, or introtisements). This policy applies to ‘free’ offers and promotional activities, as well as direct commercial overtures or transactional links.

Disclaimers

The Cloudforest Cafe and the Cloudforest Gardener are not responsible for the conduct, whether online or offline, of any user of the sites. “The Cloudforest Cafe” and “The Cloudforest Gardener” take reasonable steps to protect the security and integrity of all personal information you provide to the sites; however, due to the inherent nature of the Internet, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. “The Cloudforest Café” and “The Cloudforest Gardener” assume no liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user Posting. “The Cloudforest Café” and “The Cloudforest Gardener” are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the sites or combination thereof, including any injury or damage to users or to any persons computer related to or resulting from participation in any activities on the sites or downloading materials. We make no warranties the services will be timely, secure, uninterrupted, or error-free. You understand that if you download any material, you do so at your sole risk. Under no circumstances shall “The Cloudforest Café” and “The Cloudforest Gardener” be responsible for any loss or damage, including personal injury or death, resulting from use of “The Cloudforest Cafe” or “The Cloudforest Gardener”, any content posted on or through “The Cloudforest Cafe” or “The Cloudforest Gardener”, or conduct of any users of “The Cloudforest Cafe”, whether online or offline. We cannot guarantee that “The Cloudforest Cafe” will not locate unintended or objectionable content and “The Cloudforest Cafe” and “The Cloudforest Gardener” accept no responsibility or liability for the content of any site included in any content or post in “The Cloudforest Cafe” or otherwise linked to by “The Cloudforest Cafe”, or for your use of such content. We can, whenever we want, edit or delete any content displayed on “The Cloudforest Cafe” or “The Cloudforest Gardener”. You use “The Cloudforest Cafe” and “The Cloudforest Gardener” at your own risk. Everything you see on “The Cloudforest Cafe” and “The Cloudforest Gardener” is provided to you "as is." The Cloudforest Cafe” and “Cloudforest Gardener” are provided "AS-IS" and as available and “The Cloudforest Cafe” and “Cloudforest Gardener” and associated founders and affiliates expressly disclaim any warranty of fitness for a particular purpose or non-infringement. “The Cloudforest Gardener” and the “Cloudforest Cafe” cannot guarantee and do not promise any specific results from use of the our site.

Limitation on Liability

IN NO EVENT SHALL THE CLOUDFOREST GARDENER AND THE CLOUDFOREST CAFÉ AND ITS ASSOCIATED FOUNDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE CLOUDFOREST GARDENER OR THE CLOUDFOREST CAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN.

Indemnity

You agree to indemnify and hold “The Cloudforest Gardener”, “The Cloudforest Cafe”, its founders, its subsidiaries, and affiliates, webmasters, moderators, and their respective officers, agents, partners and employees, harmless from any loss or liability arising out of your use of the sites or from any claim, or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the sites in violation of these terms of service and/or any breach of your representations, warranties and obligations set forth above and/or if any content that you post in Postings on the sites or through the sites causes “The Cloudforest Gardener” or “The Cloudforest Cafe” and its founders to be liable to another.


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