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WEBSITE SERVICE AGREEMENT/TERMS OF USE
1. ACCEPTANCE OF TERMS
The services that Starbucks-Closure-List.com provides to User is subject to the following Terms of Use ("TOU"). Starbucks-Closure-List.com
reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking
on the "Terms of Use" hypertext link located at the bottom of our Web pages.
A. This Agreement, which incorporates by reference other provisions applicable to use of
Starbucks-Closure-List.com, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental
Terms") governing the use of certain specific material contained in Starbucks-Closure-List.com, sets forth the terms and conditions that
apply to use of Starbucks-Closure-List.com by User. By using Starbucks-Closure-List.com (other than to read this Agreement for the
first time), User agrees to comply with all of the terms and conditions hereof. The right to use Starbucks-Closure-List.com is personal to
User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or
password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible
for protecting the confidentiality of User's password(s), if any.
B. Starbucks-Closure-List.com shall have the right at any time to change
or discontinue any aspect or feature of Starbucks-Closure-List.com,
including, but not limited to, content, hours of availability, and
equipment needed for access or use.
2. CHANGED TERMS
Starbucks-Closure-List.com
shall have the right at any time to change or modify the terms and
conditions applicable to User's use of Starbucks-Closure-List.com, or
any part thereof, or to impose new conditions, including, but not
limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including, but not
limited to, posting on Starbucks-Closure-List.com, or by electronic
or conventional mail, or by any other means by which User obtains
notice thereof. Any use of Starbucks-Closure-List.com by User after
such notice shall be deemed to constitute acceptance by User of such
changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through
its Web property, Starbucks-Closure-List.com provides User with
access to a variety of resources, including download areas,
communication forums and product information (collectively "Services").
The Services, including any updates, enhancements, new features, and/or
the addition of any new Web properties, are subject to the TOU.
4. EQUIPMENT
User
shall be responsible for obtaining and maintaining all telephone,
computer hardware, software and other equipment needed for access to
and use of Starbucks-Closure-List.com and all charges related
thereto.
5. USER CONDUCT
A.
User shall use Starbucks-Closure-List.com for lawful purposes only.
User shall not post or transmit through Starbucks-Closure-List.com
any material which violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any
law, or which, without Starbucks-Closure-List.com 's express prior
approval, contains advertising or any solicitation with respect to
products or services. Any conduct by a User that in Starbucks-Closure-List.com 's discretion restricts or inhibits any
other User from using or enjoying Starbucks-Closure-List.com will not
be permitted. User shall not use Starbucks-Closure-List.com to
advertise or perform any commercial solicitation, including, but not
limited to, the solicitation of users to become subscribers of other
on-line information services competitive with Starbucks-Closure-List.com .
B. Starbucks-Closure-List.com contains copyrighted material, trademarks
and other proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound, and the entire
contents of Starbucks-Closure-List.com are copyrighted as a
collective work under the Singapore copyright laws. Starbucks-Closure-List.com owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as
in the content original to it. User may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any
way exploit, any of the content, in whole or in part. User may download
copyrighted material for User's personal use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded
material will be permitted without the express permission of Starbucks-Closure-List.com and the copyright owner. In the event of
any permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademark
legend or copyright notice shall be made. User acknowledges that it
does not acquire any ownership rights by downloading copyrighted
material.
C. User
shall not upload, post or otherwise make available on Starbucks-Closure-List.com any material protected by copyright,
trademark or other proprietary right without the express permission of
the owner of the copyright, trademark or other proprietary right and
the burden of determining that any material is not protected by
copyright rests with User. User shall be solely liable for any damage
resulting from any infringement of copyrights, proprietary rights, or
any other harm resulting from such a submission. By submitting material
to any public area of Starbucks-Closure-List.com, User automatically
grants, or warrants that the owner of such material has expressly
granted Starbucks-Closure-List.com the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate and distribute such material (in whole or in
part) worldwide and/or to incorporate it in other works in any form,
media or technology now known or hereafter developed for the full term
of any copyright that may exist in such material. User also permits any
other User to access, view, store or reproduce the material for that
User's personal use. User hereby grants Starbucks-Closure-List.com
the right to edit, copy, publish and distribute any material made
available on Starbucks-Closure-List.com by User.
D.
The foregoing provisions of Section 5 are for the benefit of Starbucks-Closure-List.com, its subsidiaries, affiliates and its
third party content providers and licensors and each shall have the
right to assert and enforce such provisions directly or on its own
behalf.
6. USE OF SERVICES
The
Services may contain email services, bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars,
photo albums, file cabinets and/or other message or communication
facilities designed to enable User to communicate with others (each a
"Communication Service" and collectively "Communication Services").
User agrees to use the Communication Services only to post, send and
receive messages and material that are proper and, when applicable,
related to the particular Communication Service. By way of example, and
not as a limitation, User agrees that when using the Communication
Services, User will not:
Use the
Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise).
Defame, abuse,
harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name,
material or information.
Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless User own or control the rights thereto or have received all
necessary consent to do the same.
Use any material or information, including images or photographs,
which are made available through the Services in any manner that
infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs
that may damage the operation of another's computer or property of
another.
Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Services specifically
allows such messages.
Download any file posted by another user of a Communication Service
that User know, or reasonably should know, cannot be legally
reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as
author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a
fee) to a person or entity any directory of users of the Services or
other user or usage information or any portion thereof.
Starbucks-Closure-List.com
has no obligation to monitor the Communication Services. However,
Starbucks-Closure-List.com reserves the right to review materials
posted to the Communication Services and to remove any materials in its
sole discretion. Starbucks-Closure-List.com reserves the right to
terminate User’s access to any or all of the Communication
Services at
any time, without notice, for any reason whatsoever.
Starbucks-Closure-List.com reserves the right at all times to
disclose any information as it deems necessary to satisfy any
applicable law, regulation, legal process or governmental request, or
to edit, refuse to post or to remove any information or materials, in
whole or in part, in Starbucks-Closure-List.com's sole discretion.
Materials
uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; User is
responsible for adhering to such limitations if User downloads the
materials.
Always use caution when giving out any personally
identifiable information in any Communication Services. Starbucks-Closure-List.com does not control or endorse the content,
messages or information found in any Communication Services and,
therefore, Starbucks-Closure-List.com specifically disclaims any
liability with regard to the Communication Services and any actions
resulting from User’s participation in any Communication Services.
Managers and hosts are not authorized Starbucks-Closure-List.com
spokespersons, and their views do not necessarily reflect those of Starbucks-Closure-List.com.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If
any of the Services requires User to open an account, User must
complete the registration process by providing Starbucks-Closure-List.com with current, complete and accurate
information as prompted by the applicable registration form. User also
will choose a password and a user name. User is entirely responsible
for maintaining the confidentiality of User’s password and account.
Furthermore, User is entirely responsible for any and all activities
that occur under User’s account. User agrees to notify Starbucks-Closure-List.com immediately of any unauthorized use of
User’s account or any other breach of security. Starbucks-Closure-List.com will not be liable for any loss that User
may incur as a result of someone else using User’s password or account,
either with or without User’s knowledge. However, User could be held
liable for losses incurred by Starbucks-Closure-List.com or another
party due to someone else using User’s account or password. User may
not use anyone else's account at any time, without the permission of
the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any
software that is made available to download from the Services
("Software") is the copyrighted work of Starbucks-Closure-List.com
and/or its suppliers. Use of the Software is governed by the terms of
the end user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). An end user will be
unable to install any Software that is accompanied by or includes a
License Agreement, unless he or she first agrees to the License
Agreement terms.
The Software is
made available for download solely for use by end users according to
the License Agreement. Any reproduction or redistribution of the
Software not in accordance with the License Agreement is expressly
prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING,
COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED,
UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY
THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Starbucks-Closure-List.com HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR
YOUR CONVENIENCE, Starbucks-Closure-List.com MAY MAKE AVAILABLE AS
PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES
FOR USE AND/OR DOWNLOAD. Starbucks-Closure-List.com DOES NOT MAKE ANY
ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT
DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT
THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND
UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission
to use Documents (such as white papers, press releases, datasheets and
FAQs) from the Services is granted, provided that (1) the below
copyright notice appears in all copies and that both the copyright
notice and this permission notice appear, (2) use of such Documents
from the Services is for informational and non-commercial or personal
use only and will not be copied or posted on any network computer or
broadcast in any media, and (3) no modifications of any Documents are
made. Accredited educational institutions, such as universities,
private/public colleges, and state community colleges, may download and
reproduce the Documents for distribution in the classroom. Distribution
outside the classroom requires express written permission. Use for any
other purpose is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
Starbucks-Closure-List.com
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH
DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. Starbucks-Closure-List.com AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL
Starbucks-Closure-List.com AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THE SERVICES.
THE DOCUMENTS
AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. Starbucks-Closure-List.com AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN
NO EVENT SHALL Starbucks-Closure-List.com AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO Starbucks-Closure-List.com OR POSTED AT ANY OF ITS WEBSITES
Starbucks-Closure-List.com
does not claim ownership of the materials User provide to
Starbucks-Closure-List.com (including feedback and suggestions) or
post, upload, input or submit to any Services or its associated
services for review by the general public, or by the members of any
public or private community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting ("Posting") User’s Submission User is granting
Starbucks-Closure-List.com, its affiliated companies and necessary
sublicensees permission to use User’s Submission in connection
with the
operation of their Internet businesses (including, without limitation,
all Starbucks-Closure-List.com Services), including, without
limitation, the license rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat
User’s Submission; to publish User’s name in connection
with User’s
Submission; and the right to sublicense such rights to any supplier of
the Services.
No compensation will be paid with
respect to the use of User’s Submission, as provided herein.
Starbucks-Closure-List.com is under no obligation to post or use any
Submission User may provide and Starbucks-Closure-List.com may remove
any Submission at any time in its sole discretion. By Posting a
Submission User warrants and represents to own or otherwise control all
of the rights to User’s Submission as described in these Terms of
Use
including, without limitation, all the rights necessary for User to
provide, post, upload, input or submit the Submissions.
In
addition to the warranty and representation set forth above, by Posting
a Submission that contain images, photographs, pictures or that are
otherwise graphical in whole or in part ("Images"), User warrant and
represent that (a) User is the copyright owner of such Images, or that
the copyright owner of such Images has granted User permission to use
such Images or any content and/or images contained in such Images
consistent with the manner and purpose of User’s use and as otherwise
permitted by these Terms of Use and the Services, (b) User have the
rights necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in such Images,
if any, has provided consent to the use of the Images as set forth in
these Terms of Use, including, by way of example, and not as a
limitation, the distribution, public display and reproduction of such
Images. By Posting Images, User is granting (a) to all members of
User’s private community (for each such Images available to members of
such private community), and/or (b) to the general public (for each
such Images available anywhere on the Services, other than a private
community), permission to use User’s Images in connection with the use,
as permitted by these Terms of Use, of any of the Services, (including,
by way of example, and not as a limitation, making prints and gift
items which include such Images), and including, without limitation, a
non-exclusive, world-wide, royalty-free license to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat User’s Images without having User’s name
attached to such Images, and the right to sublicense such rights to any
supplier of the Services. The licenses granted in the preceding
sentences for a Images will terminate at the time User completely
remove such Images from the Services, provided that, such termination
shall not affect any licenses granted in connection with such Images
prior to the time User completely remove such Images. No compensation
will be paid with respect to the use of User’s Images.
12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A.
USER EXPRESSLY AGREES THAT USE OF Starbucks-Closure-List.com IS AT
USER'S SOLE RISK. NEITHER Starbucks-Closure-List.com, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT Starbucks-Closure-List.com WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF Starbucks-Closure-List.com,
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH Starbucks-Closure-List.com.
B. Starbucks-Closure-List.com
IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO
THIS AGREEMENT.
C.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER
SPECIFICALLY ACKNOWLEDGES THAT starbucks-closure-list.com IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH USER.
D. IN NO
EVENT WILL starbucks-closure-list.com, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
starbucks-closure-list.com OR THE starbucks-closure-list.com
SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
starbucks-closure-list.com. USER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER,
starbucks-closure-list.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR
DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN,
OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
starbucks-closure-list.com, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE
LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR
TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH
YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR
OTHER INFORMATION. starbucks-closure-list.com, ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR
INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER,
starbucks-closure-list.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE,
ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE
NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE
INFORMATION.
G.
FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR
DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE
CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT,
EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS,
ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE
FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK
FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING
PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY
AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A
MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS
AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL
PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS
AGREEMENT.
13. LINKS TO THIRD PARTY SITES
THE
LINKS IN THIS AREA WILL LET YOU LEAVE starbucks-closure-list.com'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF
starbucks-closure-list.com AND starbucks-closure-list.com IS NOT
RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED
IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
starbucks-closure-list.com IS NOT RESPONSIBLE FOR WEBCASTING OR ANY
OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
starbucks-closure-list.com IS PROVIDING THESE LINKS TO YOU ONLY AS A
CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT
BY starbucks-closure-list.com OF THE SITE.
starbucks-closure-list.com
is a distributor (and not a publisher) of content supplied by third
parties and Users. Accordingly, starbucks-closure-list.com has no
more editorial control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements, services,
offers, or other information or content expressed or made available by
third parties, including information providers, Users or any other user
of starbucks-closure-list.com, are those of the respective author(s)
or distributor(s) and not of starbucks-closure-list.com. Neither
starbucks-closure-list.com nor any third-party provider of
information guarantees the accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for any particular purpose.
In many instances, the content
available through starbucks-closure-list.com represents the opinions
and judgments of the respective information provider, User, or other
user not under contract with starbucks-closure-list.com.
starbucks-closure-list.com neither endorses nor is responsible for
the accuracy or reliability of any opinion, advice or statement made on
starbucks-closure-list.com by anyone other than authorized
starbucks-closure-list.com employee spokespersons while acting in
their official capacities. Under no circumstances will
starbucks-closure-list.com be liable for any loss or damage caused by
a User's reliance on information obtained through
starbucks-closure-list.com. It is the responsibility of User to
evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through
starbucks-closure-list.com. Please seek the advice of professionals,
as appropriate, regarding the evaluation of any specific information,
opinion, advice or other content.
14. UNSOLICITED IDEA SUBMISSION POLICY
starbucks-closure-list.com
OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,
INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW
PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW
PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK,
SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO
AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN
starbucks-closure-list.com'S PRODUCTS OR MARKETING STRATEGIES MIGHT
SEEM SIMILAR TO IDEAS SUBMITTED TO starbucks-closure-list.com. SO,
PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO
starbucks-closure-list.com OR ANYONE AT starbucks-closure-list.com.
IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS,
YOU STILL SEND THEM, PLEASE UNDERSTAND THAT
starbucks-closure-list.com MAKES NO ASSURANCES THAT YOUR IDEAS AND
MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
15. MONITORING
starbucks-closure-list.com
shall have the right, but not the obligation, to monitor the content of
starbucks-closure-list.com, including chat rooms and forums, to
determine compliance with this Agreement and any operating rules
established by starbucks-closure-list.com and to satisfy any law,
regulation or authorized government request.
starbucks-closure-list.com shall have the right in its sole
discretion to edit, refuse to post or remove any material submitted to
or posted on starbucks-closure-list.com. Without limiting the
foregoing, starbucks-closure-list.com shall have the right to remove
any material that starbucks-closure-list.com, in its sole discretion,
finds to be in violation of the provisions hereof or otherwise
objectionable.
16. INDEMNIFICATION
User
agrees to defend, indemnify and hold harmless starbucks-closure-list.com, its affiliates and their respective
directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of
starbucks-closure-list.com by User or User's Account.
17. TERMINATION
Either starbucks-closure-list.com or User may terminate this Agreement at any time. Without limiting the foregoing, starbucks-closure-list.com
shall have the right to immediately terminate User's Account in the event of any conduct by User which starbucks-closure-list.com, in its
sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
Any rights not expressly granted herein are reserved.
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