Terms and Conditions
The w3PG Forums and "Coffeerooms" ("w3PG Forums"), currently located on the Internet at http://www.coffeerooms.com (the "sites") is an online information, entertainment, and communication service, operated by w3PG, inc. ("w3PG"). By completing the registration process you become an authorized member of the Sites (a "w3PG member") AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY BEFORE COMPLETING THE REGISTRATION PROCESS.
If you have any questions regarding this Agreement, please feel free to contact us at Coffeerooms at w3pg.com.
As a w3PG member, you shall have access to the following services. We may, at our discretion, change our service offerings or make other new and exciting services available to you from time to time. To learn more about each service, select one of the menu items available on most w3PG forum pages.
Coffeerooms Forums and Chat
Reviews of other Web sites
w3PG Forums Newsletter
Member-only discounts and special offers
Other w3PG features and services as we make them available.
NO MEMBERSHIP FEES
w3PG Forums and "Coffeerooms" are Free to members! To become a w3PG member, all you have to do is complete our registration process and agree to the terms of this Agreement.
w3PG FORUM RULES
Following are some basic rules that apply to the Sites. Some Public Areas (see below) of the Sites may post additional rules for their use. Your failure to comply with these rules can lead to cancellation of your membership:
Respect other w3PG members. You may not post or transmit on the Sites any defamatory, inaccurate, abusive, obscene, profane, vulgar, sexually explicit, threatening, or illegal material, or any material containing blatant expressions of bigotry, racism, or hate.
We reserve the right in our sole discretion (but are not obligated) to review and edit, delete, or refuse to post any material submitted for display or placed on the Sites, including bulletin boards, chat rooms, forums, and emails.
You may use the Sites only for lawful purposes. You may not post or transmit any material that violates the rights of others, infringes a person's intellectual property rights (such as copyrights, patents, or trademarks), or is otherwise unlawful or encourages unlawful activity. Posting or transmission of any material that violates any federal, state, or local law or regulation is prohibited, and we reserve the right to notify law enforcement authorities in such event.
You may not post any advertising or solicitation regarding products or services on the Sites ("commercial messages"). This is regardless of any for-profit or not-for-profit status of the product or service. The only exception to this rule will be when, from time-to-time, we may open explicitly designated areas of the Sites for posting non-commercial listings of personally owned items for sale.
If you decide to disregard this rule, and you do post any commercial messages as a registered user, you explicitly agree to pay an advertising fee of $1,250 (one thousand, two hundred fifty dollars, US) per commercial message posted. Note please, that this fee is per posted note, even if it's the same note posted more than once or on more than one forum. You also agree that the fee is automatically doubled if you attempt to post (successfully or not) a commercial message by bypassinng the normal processes for registered users -- such as by attempting to "hack" our site. Any such fees are due and payable to w3PG at the moment you post your commercial messages.
You must respect the security of our Sites and the systems upon which they operate. You may not try to gain access to Site areas that are private to w3PG or to other w3PG members.
We will endeavor to maintain the privacy of your Private Data (name, email address, etc.) that you provide to us at registration, but make no representations, warranties, or guarantees with respect to our ability to do so. We will not purposefully disclose your Private Data to anyone, except as you do so in the Public Areas (see below) of the w3PG Forums. We may, from time-to-time, permit merchants to send email messages to w3PG members for commercial purposes, but only through the services of w3PG. w3PG does not intend to sell lists with your name and email address to a third party.
Coffeerooms works with third parties that serve ads through our site, such as Google.com and ValueClick.com. To find out more about how they manage the privacy of information in conjunction with serving ads on this site, please visit their respective sites for that specific information.
A Public Area ("Public Area") of the Sites is any area where you may submit material ("Submissions") for viewing by others or view Submissions of other w3PG members, such as bulletin boards, forums, or chat rooms. A Submission includes the name, ID, nickname, and/or other information that would be displayed with the submitted material, as applicable. You agree to use Public Areas in accordance with any policies for the Public Areas that are displayed on the Sites.
You may not submit copyrighted material to Public Areas without the specific authority of the copyright owner. BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE TO INDEMNIFY w3PG AND HOLD IT HARMLESS FROM ALL CLAIMS, INCLUDING CLAIMS FOR LIBEL, SLANDER, AND COPYRIGHT INFRINGEMENT, ARISING FROM YOUR SUBMISSION, AND YOU AGREE TO PAY ALL RESULTING COSTS, DAMAGES, AND ATTORNEY'S FEES THAT MAY BE INCURRED BY w3PG AS A RESULT OF YOUR SUBMISSION.
By making a Submission to any Public Area, you automatically grant, or warrant that the owner of the content contained in the Submission has expressly granted, w3PG the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute the content of the Submission (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. You also permit any w3PG member or other user of the Sites to access, view, store, or reproduce the Submission for that person's personal use.
Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such other site or location or its contents. w3PG shall not be responsible for any information, software, or links found at any other World Wide Web site, Internet location, or source of information, or for your use of such information.
INFORMATION PROVIDED "AS IS" -- NO ADVICE IS GIVEN ANY DATA AND/OR INFORMATION PROVIDED TO YOU ON OR THROUGH THE SITES ("INFORMATION"), WHETHER DEVELOPED BY w3PG OR PROVIDED BY THIRD PARTIES ("INFORMATION PROVIDERS"), IS NEITHER GUARANTEED NOR WARRANTED, EXPRESSLY OR IMPLIEDLY, BY w3PG OR ITS INFORMATION PROVIDERS FOR ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR SUITABILITY FOR YOUR USES OR THOSE OF ANY OTHER PERSON, OR IN ANY OTHER WAY. w3PG AND THE INFORMATION PROVIDERS SHALL NOT HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, TO YOU FOR ANY OF THE FOREGOING, OR FOR ANY ACTIONS TAKEN OR DECISIONS MADE BY YOU OR ANY OTHER PERSON IN RELIANCE UPON SUCH INFORMATION.
YOU ACKNOWLEDGE THAT NEITHER THE SITES, NOR ANY OF THE INFORMATION, IS INTENDED TO SUPPLY, NOR IS w3PG OR ANY INFORMATION PROVIDER SUPPLYING, TAX, ACCOUNTING, OR LEGAL ADVICE, ADVICE REGARDING THE SUITABILITY OR PROFITABILITY OF ANY SECURITY OR INVESTMENT, ANY HEALTH OR MEDICAL ADVICE, OR ANY OTHER ADVICE OF A PERSONAL OR PRIVATE NATURE. Although the Sites may provide access to Information and recommendations and research about the foregoing topics, w3PG does not represent that such recommendations are suitable to you or any other person. You shall make your own independent evaluation of the suitability of such recommendations. You assume full responsibility and liability for any and all tax, accounting, legal, investment, medical, health, or other personal decisions you make.
NO WARRANTIES. EXCLUSION FROM LIABILITY
Your use of the Sites and any Information is at your own risk. w3PG is not liable for the defamatory, offensive, or illegal conduct of other w3PG members or third parties.
NEITHER w3PG, NOR ANY OF ITS INFORMATION PROVIDERS, MAKES ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, REGARDING the Sites, THE INFORMATION, OR ANY SERVICES OR MERCHANDISE PROVIDED OVER OR THROUGH THE SITES, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
NEITHER w3PG, THE INFORMATION PROVIDERS, NOR ANY OTHER PERSON INVOLVED IN CREATING OR DISTRIBUTING THE SITES WILL BE LIABLE TO YOU FOR ANY LOSSES OR DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
OWNERSHIP OF MATERIALS
The contents of the Sites, including text, software, photos, and graphics, are copyrighted by w3PG as a collective work under the United States and International copyright laws. Except for material in the public domain, fair-use quoted excerpts of, or references to, copyrighted materials, w3PG and its licensers hold copyrights to all content appearing on the Sites. Neither content nor software may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of w3PG and its applicable licensers, with the sole exception that one copy may be downloaded onto a single computer for your personal, noncommercial use.
You agree to hold harmless w3PG and its Information Providers, as well as each of their respective 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 the Sites by you or any other person using your account.
CHOICE OF LAW
You agree that the laws of the State of New York and the United States will apply to all matters relating to this Agreement, as they would to agreements made and entered into entirely in New York by residents of the State of New York, USA.
MODIFICATION OF AGREEMENT
You agree that w3PG may change the terms and conditions of this Agreement, unilaterally, and at any time, by conspicuously posting notice of such change in the [user support area] of the Sites for a period of five (5) consecutive days. Continued use of the Sites after such notice will constitute your acknowledgment and acceptance of the revised terms and conditions.
This Agreement is the entire understanding between you and us regarding your relationship to the Sites and w3PG. If we fail to notify you of any violations of this Agreement, this will not mean that we cannot notify you of future violations of this Agreement.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the remainder of this Agreement shall continue in effect to the extent it still expresses the parties' intent.