Terms of Use

for the Celtic Cafe and subsidiary sites

IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT.
BY USING THIS WEB SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow, or do not agree to be bound by all such terms, do not use this Web Site.

INTRODUCTION:
1. This web site ("Web Site") is operated by CelticCafe.com ("CC" or "we" or "us). Please also review the terms of our Privacy Policy. Your use of this Web Site is subject to the following Terms of Use. You agree to these Terms of Use by accessing this Web Site and/or by accepting any information from this Web Site. CC reserves the right, in its sole discretion, to modify, alter or otherwise change these Terms of Use at any time. Please check these Terms of Use periodically for changes. By using this Web Site after any changes to these Terms of Use are posted, you are indicating your acceptance of those changes.

2. The information and features included in this Web Site have been compiled from a variety of sources, are for informational and entertainment purposes only, and are subject to change at any time without notice. This Web Site and all information it contains are provided "AS IS." By accessing or linking to this Web Site, you assume the risk that the information on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
3. COPYRIGHT 2001, 2002 BY CELTICCAFE.COM. ALL RIGHTS RESERVED. This Web Site and all of the information it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are either owned by CC, Unicorn Entertainments, Inc., or other third parties, and are protected from unauthorized use, copying and dissemination by copyright, trademark, intellectual property, publicity and other laws and by international treaties. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING ANY OF THE MATERIAL IS PROHIBITED.

4. CC hereby grants you a limited, personal, non-exclusive, non-assignable, non-transferable and revocable license to use and display, for home, noncommercial and personal use only, one copy of any Material and/or software that you may download from the Web Site, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the "Downloaded Material"); provided, however, that you must maintain all copyright, trademark, and other notices contained in such Downloaded Material. Modification of the Downloaded Material or use of the Downloaded Material for any other purpose, including, but not limited to, use of any Downloaded Material on any web site or networked computer environment, is prohibited. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Downloaded Material and that no title to the Downloaded Material has been or will be transferred to you from CC or anyone else. CC retains full and complete title to the Downloaded Material. CC may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. CC may revoke this limited, personal, non-exclusive, non-assignable and non-transferable license at any time. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Downloaded Material. Any unauthorized use of the Downloaded Material may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

COPYRIGHT INFRINGEMENT
5. CC respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please use our contact form to promptly provide CC 's webmaster with the following information:
i. a description of the copyrighted work that you claim has been infringed;
ii. a description of where the material that you claim is infringing is located on the Web Site;
iii. your address, telephone number and email address.

DISCLAIMERS AND LIMITATIONS ON LIABILITY
6. THIS WEB SITE IS PROVIDED TO THE GENERAL PUBLIC FOR INFORMATIONAL, NON-PROFIT PURPOSES ONLY. THE WEB SITE IS NOT AUTHORIZED OR APPROVED BY UNICORN ENTERTAINMENTS, INC., IN ANY WAY. THIS WEB SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FORM A COURSE OF DEALING OR USAGE OF TRADE. CC IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS, CONTAMINATION OF OR HARMFUL EFFECTS TO YOUR SYSTEM OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE MATERIAL. THE ENTIRE RISK AS TO QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, RELIABILITY AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. CC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE THE MATERIAL, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY CC OR ANYONE ELSE, OR EVEN WHEN CC OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL CC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED $1. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. CC DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, CONTENT, PRODUCTS, SERVICES OR AVAILABILITY OF INFORMATION FOUND ON THIS SITE AND ON OTHER WEB SITES THAT LINK TO OR FROM THIS SITE FROM THIRD PARTIES NOT ASSOCIATED WITH CC.

CC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, INFORMATION THAT YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY WEB SITE.

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

In addition, Internet transmissions are never completely secure or private. You understand that any message or material you send to this Web Site may be read or intercepted by others. CC is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail submissions over the Internet may not be secure, and you should consider this before e-mailing the Web Site or CC any personal or confidential information. CC makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Web Site. This Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

Additionally, the Web Site contains Material that is for entertainment purposes only and is not a depiction of fact, and shall not be considered factual by you. Other than for entertainment purposes, you acknowledge and agree not to rely on such Material. The Web Site may also contain facts, opinions, views, statements and recommendations of third party individuals or organizations. The Web Site does not represent or endorse the accuracy, currentness or reliability of any facts, opinions, views, statements and/or recommendation or other information displayed, uploaded or distributed through the Web Site. You acknowledge that CC does not give tax, legal or investment advice or advocate the purchase or sale of any security or investment.

CC cannot ensure that you will be satisfied with any products, merchandise or services that may be advertised on the Web Site or that you may purchase from the Web Site or a third-party Web site that may be on, or links to or from the Web Site. CC does not endorse any third party products, merchandise and/or services, nor has CC taken any steps to confirm the accuracy or reliability of, any of the information contained in any third party advertisements or third-party web sites. CC does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against CC, as applicable, with respect to the Web Site and any third party web sites. CC strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

INDEMNIFICATION
7. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CC FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) INCURRED BY CC IN CONNECTION WITH ANY CLAIM ARISING OUT OF: ANY BREACH OF THESE TERMS OF USE OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS CONTAINED HEREIN; A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THIS SITE AND/OR YOUR USE OF THE MATERIAL IN VIOLATION OF THESE TERMS; AND/OR INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU. YOU WILL COOPERATE AS FULLY AS REASONABLY REQUIRED IN CC'S DEFENSE OF ANY CLAIM. CC RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF CC.

RULES FOR BULLETIN BOARDS, CHAT ROOMS AND OTHER FORUMS
8. CC is not responsible for any material posted on the Bulletin Boards, Chat Rooms, or other forums conducted on this Web Site ("Forums"). CC is not responsible or liable to any person or entity (including, but not limited to, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through this Web Site. You shall not post, send, upload, transmit, distribute or otherwise publish, through such Forums or otherwise, any content that:
i. libels, defames, invades privacy or is indecent, obscene, pornographic, abusive, or threatening;
ii. infringes any intellectual property right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks or their right of publicity;
iii. violates any law;
iv. violates or infringes upon the rights of CC, its users or the public, including material which is an invasion of privacy or publicity rights;
v. advocates illegal activity or activity that would give rise to civil liability;
vi. solicits gambling or engages in any gambling activity
vii. interferes with anyone else's use of this Web Site;
viii. contains a virus or other harmful component; or
ix. advertises, engages in any commercial endeavor, or otherwise solicits funds or is a solicitation for goods or services. (collectively "Non- Approved Material").

CC does not and cannot review every message posted by users in the Forums, and is not responsible for the content of these messages. CC reserves the right to, but is not obligated to, delete, move, edit or disclose the contents of any message that it considers in its sole discretion contains Non-Approved Material or is otherwise unacceptable. In addition, CC may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of CC or to protect the safety or our users or the public. Please be aware that certain message boards and similar user forums may disclose a user's IP address along with the user's name and message. To protect your safety, please use your best judgment when using these forums, and consider carefully whether you want to disclose any information that can be used to identify or locate you.

Any material you upload to any Forum or submit to us shall be governed by our Submissions Policy set forth below.

SUBMISSIONS POLICY
9. By submitting materials to the Web Site or to CC, you represent that such materials are accurate and original with you and do not violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity and/or privacy. You agree and understand that CC is not obligated to use your submission and you have no rights to compel such use.

LINKING POLICY AND LINKED WEB SITES
10. The Content of this Web Site contains intellectual property that is protected from unauthorized use, copying and dissemination by copyright, trademark and other laws. If you link to this Web Site, we require that you follow these guidelines. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any CC, Unicorn Entertainments, Inc., or related names and/or intellectual property, nor may the link create the false appearance that your web site and/or organization is sponsored, endorsed by, affiliated and/or associated with CC. You agree that you will not link to the Web Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. If you do link to the Web Site, you may link only to the home page, and not to any other page, directory or subdomain of the Web Site. Under no circumstances may you "frame" this Web Site or alter its intellectual property or Content in any way.

CC reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with the Web Site and/or these Terms. CC is not responsible for the content or performance of any portion of the Internet including other web sites to which this Web Site may be linked or from which this Web Site may be accessed. Users are requested to inform CC of any errors or inappropriate material found on web sites to which this Web Site is or may be linked.

11. CC is not necessarily affiliated with web sites that may be linked to this Web Site and is not responsible for their content. Such web sites are for your convenience only and you access them at your own risk.

THIRD PARTIES
12. Your dealings or communications through the Web Site with any party other than CC are solely between you and that third party. Certain areas of the Web Site may allow you to conduct transactions or purchase goods or services. Third-party partners and vendors may conduct these transactions. Under no circumstances will the Web Site and/or CC be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to such third parties.

MEMBERSHIP AND REGISTRATION
13. Certain areas and/or services offered via the Web Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas and/or services offered via the Web Site. When you register or become a member of the Web Site or provide information to the Web Site in any other manner, you agree to provide only true, accurate, current and complete information.

If you become a member of the Web Site or any portion thereof, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the password protected portion of the Web Site using your name in whole or in part. The Web Site reserves the right to terminate membership and deny access to the Web Site to any person who violates these Terms.

MAKING A PURCHASE ON OR VIA THE SITE
14. In the event any products, merchandise and/or services are sold on the Web Site and any such products, merchandise and/or services are listed on the Web Site at an incorrect price or with other incorrect information, CC is hereby released from any and all liability related to the same.

LOCATION
15. CC operates this Web Site in the United States. Information contained on the Web Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where the content of the Web Site may be illegal is prohibited. If you access the Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws.

No software from the Web Site may be downloaded, exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such list.

VIOLATIONS OF THESE TERMS
16. CC will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of the Web Site and may be referred to law enforcement authorities. CC reserves the right to modify or discontinue this Web Site, or any portion thereof (including Forums) without notice to you or any third party. Upon termination of your membership or access to the Web Site, or upon demand by CC, you must destroy all materials obtained from this Web Site and all related documentation and all copies and installations thereof.

CONTACT US
For questions or comments regarding these Terms and/or the Web Site please use our contact form to contact us.

These Terms were last updated on April 17, 2006.

 

Continuing Story

  • 3)   Terms of Use