Please read this Agreement carefully before using the Services. By
using the website https://www.lattehub.com (the "Site"), and
applications, features and other content (collectively, the
"Services") offered by OpenCommerce Group, Inc ("LatteHub"), you
signify your assent to become bound by the terms and conditions of
this Agreement. If you do not agree to all the terms and conditions
of this Agreement, you do not have any right to use the Services.The
Services, owned and operated by LatteHub, collect user and usage
data to enable website and application owners to send e-mail
messages efficiently to consumers based on their behavior. This
Agreement applies to all users of the Services. Your use of the
Services is an acknowledgment that you understand and agree to be
bound by this Agreement, any fees applicable to you, any additional
guidelines, LatteHub's Privacy Policy and Anti-Spam Policy, and any
future modifications of this Agreement.The Services are accessed by
you ("User" or "you") under the following terms and conditions:
I. ACCESS TO THE SERVICES
Subject to the terms and conditions of this Agreement, LatteHub may
provide the Services, which are selected by you, solely for your own
use, and not for the use or benefit of any third party. Services
shall include, but not be limited to, the offering of any materials
displayed or performed on the Site and related features (including,
but not limited to text, data, software, graphics, photographs,
images, illustrations, audio clips and video clips, also known as
the "Content"). LatteHub may change, suspend or discontinue the
Services for any reason, at any time, including the availability of
any feature or Content. LatteHub may also restrict your access to
parts or all of the Services without notice or liability. LatteHub
may modify this Agreement at any time by posting a notice on the
Services, or by sending you a notice via e-mail or postal mail. You
shall be responsible for reviewing and becoming familiar with any
such modifications. Your use of the Services following such
notification constitutes your acceptance of the terms and conditions
of this Agreement as modified. If at any time you do not agree to
these terms and conditions, you must terminate your use of the
Services. You will still remain liable for any obligations incurred
or charges accrued on or before the date of termination.
You
certify to LatteHub that if you are an individual (i.e., not a
corporation) you are at least 18 years of age. You also certify that
you are legally permitted to use the Services and access the Site.
If you are entering into this Agreement on behalf of a company or
other legal entity, you represent and warrant that you have the
authority to bind such entity to this agreement, in which case the
terms "you" or "your" shall refer to such entity. This Agreement is
void where prohibited by law, and the right to use the Services is
revoked in such jurisdictions.
LatteHub will use
reasonable efforts to ensure that the Services are available
twenty-four hours a day, seven days a week. However, there will be
occasions when the Services will be interrupted for maintenance,
upgrades and emergency repairs or due to failure of
telecommunications links and equipment. Every reasonable step will
be taken by LatteHub to minimize such disruption where it is within
LatteHub's reasonable control. LatteHub will not be liable in any
event to you or any other party for any suspension, modification,
discontinuance or lack of availability of the Site, the Services,
your Customer Data or Results (as defined herein) or other
content.
II. CONTENT
You shall not store any significant portion of the Content in any
form. Copying or storing of any Content for other than personal,
noncommercial use is expressly prohibited without prior written
permission from LatteHub, or from the copyright holder identified in
such Content's copyright notice. All trademarks, service marks, and
trade names which appear on the Services are proprietary to LatteHub
or third parties. You shall abide by all copyright notices and
restrictions contained in any Content accessed through the
Services.
You shall not store any significant portion of
the Content in any form. Copying or storing of any Content for other
than personal, noncommercial use is expressly prohibited without
prior written permission from LatteHub, or from the copyright holder
identified in such Content's copyright notice. All trademarks,
service marks, and trade names which appear on the Services are
proprietary to LatteHub or third parties. You shall abide by all
copyright notices and restrictions contained in any Content accessed
through the Services.
III. DMCA
In accordance with the DMCA, we’ve adopted the policy below toward
copyright infringement. We reserve the right to (1) block access to
or remove material that we believe in good faith to be copyrighted
material that has been illegally copied and distributed by any of
our advertisers, affiliates, content providers, members or users and
(2) remove and discontinue service to repeat offenders.
Remember
that your use of LatteHub’s Services is at all times subject to the
Terms of Use, which incorporates this Copyright Dispute Policy. Any
terms we use in this Policy without defining them have the
definitions given to them in the Terms of Use.
A. Understanding Intellectual Property - The Basics
At LatteHub, we are very excited to support our LatteHub merchants
and to help them produce great custom products and a great
experience for their buyers. In our efforts, we are also committed
to protecting the rights of individuals and companies with respect
to the content published on the LatteHub service.
Third
party rights are based on a range of laws and legal standards that
can be confusing. Those rights are each very different from the
other and are often misunderstood. We have created this guide to
provide very high-level information about certain types of legal
rights and to help LatteHub merchants understand what is permissible
on the service.
We have described some key rights below
(trademark, copyright and right of publicity). In reality, the legal
analysis for each of these rights is much more detailed and complex
than our summary below. Still, we hope the information below is
useful and will provide some guidance for creation of permitted
products on the LatteHub service.
1. Trademark
What is a trademark?
A trademark is a word or symbol that indicates the “origin of
goods,” meaning it allows consumers to identify the company that is
ultimately responsible for a particular product. It is also intended
to tell consumers about the quality and desirability of the product
itself, so consumers are hopefully more likely to buy it. When a
consumer sees the “BMW” mark on a car, there is a lot they will
assume about the engineering, comfort and enjoyment they will have
driving the car. That connection between the trademark (“BMW”) and
the perceived qualities of the product (luxury, power, engineering
excellence) has a lot of value in the market. Companies invest a
great deal of time and money in developing that association between
their mark and the products, because it can have a significant
impact on sales. Reputation and brand mean a lot. The value itself
is something companies work hard to protect.
A trademark is a word or symbol that indicates the “origin of
goods,” meaning it allows consumers to identify the company that
is ultimately responsible for a particular product. It is also
intended to tell consumers about the quality and desirability of
the product itself, so consumers are hopefully more likely to buy
it. When a consumer sees the “BMW” mark on a car, there is a lot
they will assume about the engineering, comfort and enjoyment they
will have driving the car. That connection between the trademark
(“BMW”) and the perceived qualities of the product (luxury, power,
engineering excellence) has a lot of value in the market.
Companies invest a great deal of time and money in developing that
association between their mark and the products, because it can
have a significant impact on sales. Reputation and brand mean a
lot. The value itself is something companies work hard to
protect.
What are trademark rights?
The concept behind trademark rights is that the owner of the mark
has the legal right to stop people from trading off of the value of
the company’s brand and reputation. They can do so by stopping the
use of any confusingly similar trademark. So if an unknown car
company wants to use the mark “VMW” to identify their new car, BMW
will be able to stop them from doing so based on the similarity of
the marks themselves and the goods they are used to identify. Often
trademark owners will also secure rights in other related goods that
they want to sell – for example, t-shirts.
What does trademark mean for LatteHub merchants?
LatteHub merchants are not allowed to use third party trademarks
unless they have permission. LatteHub conducts preventive reviews of
all products to help ensure third party rights are not violated.
2. Copyright
Copyright protection
Copyright has existed for hundreds of years (it even predates the US
Constitution). The underlying idea is to give merchants of certain
works the right to control the reuse and distribution of that work
(whether an exact copy or a modified version).
Copyright
law says that a work has to be "original" to be protected.
"Original" doesn’t mean innovative. "Original" in the legal sense
means that the creator didn’t copy anyone else. Under copyright law,
you are not entitled to use someone else’s work as a basis for your
own. You have to originate your own works, creating them from
scratch. For example, in one famous case, a photographer was found
to have copied the photograph of another artist even though he used
a different model and location. The details of the second photograph
were so similar to the first (the look, layout and subject matter)
that the court found copyright infringement.
Copyright is
intended to strike a balance between freedom to be inspired and
protection for those who create. For example, facts are not covered
by copyright. Utilitarian works, such as instructions or recipes,
are not covered. Everyone is free to use ideas and information.
Copyright only extends to the unique expression of ideas, not the
idea itself.
Copyright is not intended to limit sharing
of ideas and does not cover the underlying idea itself. So the
painter of a landscape can’t stop other people from painting
landscapes. They can only stop other artists from using their
specific painting as a basis for another work.
Though
copyright does not cover ideas, to the extent the idea can be
expressed in many different ways, each expression will be protected
by copyright. But the components of expression, such as individual
words and phrases or individual shapes and design elements, are not
protected. The expression has to extend beyond the individual
components. The simpler the design, the less protection provided by
copyright.
What does it mean for LatteHub merchants?
LatteHub merchants are not allowed to use third party copyrighted
works unless they have permission.
3. Right of Publicity and Right of Privacy
Right of publicity is very different than the legal rights provided
by trademark and copyright and is a much simpler concept. Right of
publicity is the right of famous people to control the commercial
use of their name or likeness. So Taylor Swift has the right to
decide whether her name or face will appear in a product
advertisement.
Right of publicity is really a subset of
the larger right of privacy that applies to all people. In the
context of marketing and merchandise, that means each person is
entitled to control the use of their name and image in a commercial
context.
In keeping with right of publicity and privacy
laws, LatteHub will not be able to print shirts that include the
name or likeness of any individual, including celebrities, unless we
are instructed otherwise by the individual or their agent.
B. Notice and Takedown Procedure - How to File an Intellectual
Property Complaint
Notice and Takedown Procedure - Reports and Complaints
If you believe that your content has been used in a way that
constitutes an infringement of your rights, please notify LatteHub
by filling out our Notice and Takedown Report Form. Your complaint
must include the following important information:
• An
electronic or physical signature of the person authorized to act on
behalf of the owner of the relevant matter
• A description of
the matter claimed to have been infringed
• The URL (or URLs)
identifying where the claimed infringing content is located on the
LatteHub site.
• Your address, telephone number, and email
address
• The date you first created the work
• The date
and manner in which you first made the work public or used the work
in commerce
• A statement by you that you have a good faith
belief that the disputed use is not authorized by the owner, its
agent, or the law
• A statement by you, made under penalty of
perjury, that the above information is accurate; and you are
authorized to act on behalf of the owner of the rights involved
•
Electronic documents, images or links to URLs establishing the
following:
• A copy of the workThe date you first created the
work or used the work in commerce
• The date and manner in
which you first made the work public
• Any other documents or
information supporting your claim (i.e. trademark or copyright
registration information, proof of ownership/authorization to act,
etc.)
In order to expedite the process, all IP claims
must be submitted via our Notice and Takedown Report Form. In the
event you have technical difficulties with the form, you can file a
complaint with LatteHub’s Designated Agent for complaints at:
[email protected] Notice and Takedown Reports filed via LatteHub’s
Designated Agent will not be accepted unless they contain all the
required information indicated above.
IMPORTANT NOTICE:
Your claim, including the personal contact information you provide,
will be forwarded directly to the complainant.
If Your Work Has Been Included in a Notice and Takedown Report
If LatteHub has received a valid Notice and Takedown Report
https://www.lattehub.com/dmcareport
which specifically includes one or more of your works, the noted
works will be removed, including the product images, description,
url, etc.
The Notice and Takedown Report that has been
received may or may not have also included other works by other
artists, and by removing the work, we are not stating that your work
does or does not infringe copyright, trademark or publicity rights
law.
We have must act on reports filed in accordance with
our IP/Publicity Rights Policy.While the work may not have been a
direct copy of someone else's work, it may contain elements, logos,
or personal likenesses which may infringe on another's rights.
If
you believe a report was in error or should not apply to your work,
you have the right to lodge a counter-notification.
We do
apologize that we are legally not able to provide individual
copyright, trademark or publicity rights advice, or give personal
opinions on these matters.
We recommend that you research
the relevant copyright, trademark and publicity rights laws and
their application to your work or consult an IP specialist if you
are unsure why your specific work may have been included in a Notice
and Takedown Report
Filing a Counter Notice
If you believe that removal of the content is the result of a
mistake (for example, that you have authorization) or
misidentification, you can send us a counter notice through our
counter notice form
( https://forms.gle/vZoAvQZUMjj4WCiv6 ). Such counter notice must provide the following information:
•
An electronic or physical signature of the person authorized to act
on behalf of the owner of the relevant matter
• A description
of the content which we have removed, including the URL on which the
content was located on the LatteHub site
• Your address,
telephone number, and email address
• A statement by you that
you consent to the jurisdiction of the Federal District Court, San
Francisco County, California, United States and that you will accept
service of process from the person who provided notification
described above or an agent of such person
• A statement by you
that, under penalty of perjury, you have a good faith belief that
the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled
• A
description of the factual and/or legal reasons why you believe that
the material should not have been removed
• Electronic
documents, links, images or URL which support your claim (i.e.
trademark registration information, copyright registration
information, proof of your prior use, etc.)
In order to
expedite the process all counter notice claims must be submitted via
our Counter-Notification Form. In the event you have technical
difficulties with the form, you can file your Counter Notice with
LatteHub’s Designated Agent at:
[email protected] Counter Notices
filed via LatteHub’s Designated Agent will not be accepted unless
they contain all the required information indicated above.
If
we receive your counter notice but your work does not comply with
the LatteHub Terms of Service, IP/Publicity Rights Policy,
Acceptable Use Policy, and/or any other LatteHub Policy, we may
inform you that we are not be able to reinstate your work. We may
also request further information from you in order to determine
whether the work can be reinstated.
If we determine that
we are able to reinstate your work, we will forward your counter
notice directly to the complainant, which will include your personal
contact information. At that time the complainant may take legal
court action against you in the United States. If, after 14 days,
the complainant has not taken legal action against you, you may
contact us to request that we reinstate your work. If your work
otherwise complies with our User Agreement and IP/Publicity Rights
Policy, we may reinstate your work at that time.
IV. RESULTS
Unless otherwise agreed by the parties and subject to LatteHub's
rights set forth in this Section 4, you shall own all right, title
and interest (including all intellectual property and other
proprietary rights) in and to all data developed using your Customer
Data during the performance of the Services and delivered to you by
LatteHub ("Results"). Results are works made for hire to the extent
allowed by law, and LatteHub makes all assignments to you necessary
to accomplish the foregoing ownership. You hereby grant LatteHub a
limited, non-exclusive right (i) to disclose your Results to
LatteHub's employees and agents solely as required for them to
provide LatteHub with their products and services, and (ii) to
disclose your Results to comply with court order, law, or direction
by a governmental or regulatory agency (in which event, LatteHub
will use reasonable efforts to provide prior written notice to you
of such disclosure and the opportunity to object to such disclosure
or to seek confidential treatment of such data), and (iii) to use
your Results to operate, manage, and maintain the Services, and to
improve the Services' ability to deliver web and application
analytics services to you. LatteHub may compile and analyze Results
and prepare reports and other work product using the aggregate
Results compiled from you and other customers. Notwithstanding
anything in this Agreement, LatteHub shall have exclusive ownership
rights to, and the exclusive right to use, such compiled Results for
any purpose, including, but not limited to advertising, marketing,
and improvement of the Services. LatteHub shall not distribute
compiled Results in a manner that identifies you without first
obtaining your prior written consent.
LatteHub has no
obligation to store any Results after delivery of such Results to
you. LatteHub reserves the right to withhold, remove or discard
Results without notice for any breach of this Agreement by you,
including, without limitation, your non-payment of fees due
hereunder. Upon termination of this Agreement for your breach,
LatteHub shall have no obligation to maintain or forward any Results
to you.
V. RESTRICTIONS
You are responsible for all of your activity in connection with the
Services. You may not post or transmit, or cause to be posted or
transmitted, any communication designed or intended to obtain
password, account, or private information from any LatteHub user.
LatteHub will not be liable for any failures in the Services or
other problems which are related to your Customer Data or any
equipment or service outside of LatteHub's facilities or control.
You shall not use any part of the Site or Services to violate the
security of any computer network, crack passwords or security
encryption codes, transfer or store material that is deemed
threatening or obscene, or engage in any kind of illegal activity.
You will not run Maillist, Listserv, any form of auto-responder, or
spam on the Site or through the Services. You will use the Services
only in compliance with all applicable laws (including but not
limited to policies and laws related to spamming, privacy,
intellectual property, consumer and child protection, obscenity, or
defamation). You represent, warrant and covenant that your use of
the Services shall at all times comply with LatteHub's Anti-Spam
Policy, as may be amended by LatteHub from time to time, and you
will not access or use third party mailing lists in connection with
preparing or distributing e-mail through the Services.
VI. HOLD
In order to maintain the security and integrity of the network for
the buyers and sellers using, along with the intent of maintaining
the overall security of the platform, we may take Balance
Account-level or store-level actions under certain circumstances.
If we detect any cases of suspicious activity or actions deemed to
be in violation of LatteHub’s Terms of Service, we retain the sole
discretion to take these actions, and we will notify you of any
such action. To request information in connection with an account
for long-term or short-term holds, you are advised to follow the
instructions emailed to you with respect to the hold
implementation.
Our decisions on holds are based on criteria that are essential to
our management of risk and the protection of our customers and/or
service providers on the LatteHub platform. Disclosure of related
details are restricted and subject to our considerations without
any obligation unless required by governmental authorities.
In order to facilitate actions described above and to allow us to
assess the level of risk associated with your account, by opening
an account on our platform, you agree to cooperate with LatteHub’s
requests for financial statements and other documentation or
information, when pertinent, in a timely manner.
A hold means that LatteHub temporarily holds a part or all of
your Balance by rejecting one or all of your payout requests
as justified by the rationale for this action. LatteHub must
review many factors before imposing a rejection, including (but
not limited to): account tenure, transaction activity, business
type, past customer disputes, third-party claims, or authoritative
proposals. Some common situations where PrintBase/LatteHub will
hold payments may include, but are not limited to:
-
Payments for higher-risk product categories as specified in the
individual policy (if any) of each feature in the LatteHub
system.
-
Sellers who have performance issues, or a high rate of buyer
dissatisfaction substantiated as disputes or bad ratings.
-
Sellers who violate one or more articles of LatteHub’s Terms of
Services or are accused of fraudulent activities during their
business session on the LatteHub platform.
-
Sellers who illegally upload and use copyrighted products for
business purposes without the official consent and legal written
agreements of the copyright owner (Art. 3)
When a hold is placed on your Balance, the funds will remain
in your Total Current Available. We will notify you via email,
whenever we place a hold.
Risk-based holds generally remain in place for up to 90 days from
the date the payment was received into your account or from
the date of the hold implementation. We may release the hold
earlier under certain circumstances, but any earlier release is
conducted at our sole discretion. The hold may last longer than 90
days if the payment is challenged as a payment that should be
invalidated and reversed. In this case, we will hold the payment
in your account until the matter is resolved (but no longer than
180 days).
Sellers in violation of art. 3 in this Terms of Service must
comply to these hold extension regulations: All revenues and
profits generated from infringed products or campaigns published
by store owners themselves on the LatteHub platform (which are
being processed to payout in LatteHub Balance) will be withheld to
offset the risk of disputes and litigations for up to 90 days and
no longer than 180 days.
VII. Anti-fraud advertising policy
1. Purpose
Monitor is committed to the prevention, deterrence, detection, and
investigation of all forms of fraudulent advertising or abusive
action conducted via advertising service providers on the LatteHub
platform.
2. Scope
Monitor requires all users registered on LatteHub to act
forthrightly and with integrity and to comply with the public
resources for which they are using. It is the responsibility of
all users to read and familiarize themselves with the contents of
this policy and any related procedures while active on
LatteHub.
3. Definitions
For purposes of this policy, “Fraudulent advertising” &
“Abusive action on advertising service providers” are defined as
an advertising account’s property belonging to another party,
being used without consent for advertising purposes that lead to
fraudulent traffic, and might cause future reports, disputes,
chargebacks, court orders, and so forth.
4. Investigating an allegation of fraudulent procedure(s)
Prompt and thorough investigation will be conducted in any and all
cases of actual or suspected fraud.
The focus of each investigation is to:
- minimize and recover losses;
-
establish and secure the evidence necessary for criminal or
disciplinary action;
-
review the reasons for the incident, measures taken to prevent
recurrence, and any action deemed beneficial for strengthening
future responses to fraud;
- keep relevant personnel adequately informed;
-
assign responsibilities for investigating the incident; and
-
establish circumstances in which external specialists should be
involved.
a) Initiating Action
-
Submit an initial notice of LatteHub suspension on their
LatteHub account and available funds
-
Apply an action of holding all funds on LatteHub Balance of the
violators for no longer than 6 months for further
investigation
b) Process of investigation
Suspected fraud will be investigated without any undue delay, in
an independent, professional manner and in the interests of all
parties involved.
The violator (i.e. the potential offender), must provide
sufficient evidence of their advertising activities that draws
revenue on LatteHub in an appropriate manner in accordance with
the LatteHub Moderation team’s request.
c) Collecting evidence
The investigating officer will take immediate steps to secure
non-physical assets, including LatteHub accounts plus any records
and all other potentially evidential documents. Said officer will
ensure that appropriate controls are introduced to prevent further
loss.
Forms of evidence may vary, but are not limited to:
- Payment proofs for advertising service providers
- Support proofs of advertising service providers
-
Ownership proofs of the advertising accounts on advertising
service providers
The investigating officer will maintain detailed records of the
investigation. In particular, said officer will keep a record of:
- email/chat conversations;
- document reviews;
- results of investigations.
In addition, the investing officer will keep (where possible), a
record of who has handled each item of evidence, categorizing
evidence into the following groupings:
- prime documents;
- certified copies;
- physical items;
- secondary evidence for discussions;
- circumstantial evidence.
e) Investigative interviews (if needed)
All interviews will be conducted in a just and proper manner and
in accordance with LatteHub’s Terms of Service. Notes from any
interviews will be recorded and kept in the investigation file.
f) Further actions (if needed)
The findings of the investigation will be reported to the person
in charge who will determine what further action (if any) should
be taken.
g) Final reporting
Upon completion of an investigation and following the conclusion
of action taken, a written report shall be submitted to
specialized officers containing:
-
a description of the incident, including the value of any loss,
people involved, and the means of perpetrating the fraud;
- measures taken to prevent recurrence;
-
action needed to strengthen future responses to fraud, with a
follow-up report on whether the actions have been taken with the
holding funds on section 4.a. Initial notice.
VIII. WARRANTY DISCLAIMER
LatteHub has no special relationship with or fiduciary duty to you.
You acknowledge that LatteHub has no control over, and no duty to
take any action regarding: which users gain access to the Services;
what Results you may obtain via the Services; what effects the
Content may have on you; how you may interpret or use the Results;
or what actions you may take as a result of having been exposed to
the Content. You release LatteHub from all liability for your having
acquired or not acquired Content and Results through the Services.
LatteHub does not manage or control any business or individual that
you may interact with through the Services, and LatteHub accepts no
responsibility or liability for any act or omission by such entity.
You hereby waive any and all legal or equitable rights or remedies
you have or may have against LatteHub with respect to acts and
omissions by such entities.
The Services may contain, or
direct you to sites containing, information that some people may
find offensive or inappropriate. LatteHub makes no representations
concerning any content contained in or accessed through the
Services, and LatteHub will not be responsible or liable for the
accuracy, copyright compliance, legality or decency of material
contained in or accessed through the Services. THE SERVICES,
CONTENT, RESULTS, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS"
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY LAW,
LatteHub DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY,
RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF
THE MATERIAL PROVIDED THROUGH THE SERVICES. BY USING THE SERVICES,
YOU ACKNOWLEDGE THAT LatteHub IS NOT RESPONSIBLE OR LIABLE FOR ANY
HARM RESULTING FROM (1) USE OF THE SERVICES; (2) DOWNLOADING
INFORMATION CONTAINED ON THE SERVICES; (3) UNAUTHORIZED DISCLOSURE
OF IMAGES, INFORMATION OR DATA THROUGH THE SERVICES; AND (4) THE
INABILITY TO ACCESS OR RETRIEVE ANY RESULTS FROM THE SERVICES,
INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR ANY SIMILAR
DESTRUCTIVE PROGRAM.
IX. THIRD PARTY SITES AND SERVICES
Users of LatteHub may gain access from the Services to third party
sites on the Internet. Third party sites or services are not within
the supervision or control of LatteHub. LatteHub makes no
representations or warranties about any third party site or
resource, and does not endorse the products or services offered by
third parties. LatteHub disclaims all responsibility and liability
for content on third party websites. You hereby irrevocably waive
any claim against LatteHub with respect to third party content.
Third party providers of ancillary services may require your
agreement to additional or different license or other terms prior to
your use or access of their sites or services. Any such agreement
shall not in any way modify your Agreement here with LatteHub.
X. REGISTRATION AND SECURITY
As a condition to using Services, you may be required to supply
LatteHub with certain registration information. You shall provide
LatteHub with accurate, complete, and updated registration
information. Failure to do so shall constitute a breach of this
Agreement, which may result in termination of your access to and use
of the Services. You shall never use another User's account or
registration information, for LatteHub's or any third party services
you access through LatteHub, without permission. LatteHub reserves
the right to refuse registration of or cancel an account in its
discretion. You shall be responsible for maintaining the
confidentiality of your LatteHub password and for all activity of
any person who accesses the Services using your password.
You
irrevocably authorize LatteHub to disclose your personally
identifiable information or the personally identifiable information
of your end users collected by LatteHub at the request of any state,
federal or other governmental agency or in response to any judicial
process (including, without limitation, a subpoena).
XI. INDEMNITY
You will indemnify and hold LatteHub, its directors, officers,
employees, agents, and representatives harmless, including costs and
attorneys' fees, from any claim or demand made by any third party
due to or arising out of your access to or use of the Services, your
violation of this Agreement, or your infringement, or the
infringement by any third party using your registration information,
of any intellectual property, or other right of any person or
entity, including but not limited to any third party claims relating
to your disclosure of end personally identifiable information of
your end users to LatteHub.
XII. LIMITATION OF LIABILITY
IN NO EVENT SHALL LatteHub, ITS DIRECTORS, OFFICERS, SHAREHOLDERS,
EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH
RESPECT TO THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES OF ANY KIND; (B) DAMAGES FOR LOSS OF USE,
PROFITS, DATA, IMAGES, CUSTOMER DATA OR OTHER INTANGIBLES; © DAMAGES
FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR
OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR USING RESULTS.
LatteHub'S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE
TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION
OCCURRED THAT GAVE RISE TO YOUR CLAIM. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO
YOU.
XIII. TERMINATION FEES
Neither party may terminate the Services at any time by notifying
the other party by any means. LatteHub may also terminate or suspend
any and all Services immediately, without prior notice or liability,
if you breach any of the terms or conditions of this Agreement. Any
fees paid hereunder are non-refundable. Upon any such termination,
your right to use the Services and access Results will immediately
cease. All provisions of this Agreement which by their nature should
survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers,
indemnification obligations, and limitations of liability.
LatteHub
may charge a monthly subscription fee for use of the Services. In
the event you purchase paid Services, your credit card will be
charged based on our policy. You may cancel your LatteHub
subscription at any time, but once you have been charged a
subscription fee, there are no refunds, partial or in full, for that
fee.
XIV. PRIVACY
Please review our Privacy Policy, which governs the use of personal
information by LatteHub and to which you agree to be bound as a user
of the Services.
XV. DISPUTE RESOLUTION
A printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same
extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. Any cause of action arising out of or related to the Services
must commence within one (1) year after the cause of action arose;
otherwise, such cause of action is permanently barred.
This
Agreement shall be governed by and construed in accordance with the
laws of Singapore. Any dispute arising from or relating to the
subject matter of this Agreement shall be finally settled by the
state and federal courts located in Singapore. Use of the Services
is not authorized in any jurisdiction that does not give effect to
all provisions of this Agreement, including without limitation, this
section.
XVI. MISCELLANEOUS
The failure of either party to exercise in any respect any right
provided for herein shall not be deemed a waiver of any further
rights hereunder. LatteHub shall not be liable for any failure to
perform its obligations hereunder where such failure results from
any cause beyond LatteHub's reasonable control, including, without
limitation, mechanical, electronic or communications failure or
degradation. If any provision of this Agreement is found to be
unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that this Agreement
shall otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable or sublicensable by
you except with LatteHub's prior written consent. LatteHub may
transfer, assign or delegate this Agreement and any or all of its
rights and obligations without consent. LatteHub may publicly
disclose in writing that customers who purchase paid Services are
customers and may use their trademarks, service marks or trade name
solely in connection with such disclosures. This Agreement
(including the Privacy Policy and Anti-Spam Policy) is the complete
and exclusive statement of the mutual understanding of the parties
and supersedes and cancels all previous written and oral agreements,
communications and other understandings relating to the subject
matter of this Agreement. No agency, partnership, joint venture, or
employment is created as a result of this Agreement and you do not
have any authority to bind LatteHub in any respect whatsoever. Any
notice that is required or permitted by this Agreement shall be in
writing and shall be deemed effective upon receipt, when sent by
confirmed e-mail to
[email protected]
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