The Serendipity Cafe

This document was last update on August 10, 2010

This Terms of Use Agreement sets forth the standards of use of the theserendipitycafe.com. By using theserendipitycafe.com website you (the "Visitor") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at theserendipitycafe.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Disclaimer of Warranties.

The site is provided by theserendipitycafe.com on an "as is" and on an "as available" basis for entertainment and informational purposes only. To the fullest extent permitted by applicable law, theserendipitycafe.com makes no representations or warranties of any kind, express or implied, regarding the use of information or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. theserendipitycafe.com shall have no liability for any interruptions in the use of this Website. theserendipitycafe.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

2. Limitation of Liability

theserendipitycafe.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR theserendipitycafe.com SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF theserendipitycafe.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

3. Indemnification

visitor agrees to indemnify and hold theserendipitycafe.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Visitor's use of the Service, the violation of this Agreement, or infringement by Visitor, or other user of the Service using Visitors's computer, of any intellectual property or any other right of any person or entity.

4. Modifications and Interruption to Service

theserendipitycafe.com reserves the right to modify or discontinue the Service with or without notice to the visitor. theserendipitycafe.com shall not be liable to visitor or any third party should theserendipitycafe.com exercise its right to modify or discontinue the Service. visitor acknowledges and accepts that theserendipitycafe.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

5. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all visitors to review said privacy policies of third-parties' sites.

6. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While theserendipitycafe.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

theserendipitycafe.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

7. Governing Jurisdiction of the Courts New York

Our website (excluding any linked sites) is operated and provided in the State of New York, USA. As such, we are subject to the laws of the State New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State New York. Our website can be accessed from all 50 US states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this site both of us agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of New York with respect to such matters.

8. Compliance with Laws.

Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Visitor may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Special Licensing Restrictions for Non-Human Visitors and Botnets

theserendipitycafe.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, theserendipitycafe.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

Full details of special licensing restrictions for non-human visitors

10. User Submitted Content and Submissions

All user submitted content and submissions made to theserendipitycafe.com and respective subdomains, remains copyright of the original website user.

11. Copyright

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2009 - 2010 theserendipitycafe.com, with all rights reserved, or is the property of Chronwin Information Technologies LLC and/or third parties protected by intellectual property rights.

You may download and print portions of material from different areas of the Site solely for your own personal and non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

Any unauthorised use of materials from the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, website extraction/grabbing/mirroring/framing of content, reverse engineering, or exploitation of any kind (whether personal or commercial), without prior written permission of an authorized officer of theserendipitycafe.com is strictly prohibited. Webite visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of theserendipitycafe.com.

Any violations of the above terms will be dealt with by reporting the offenders to their ISP; relevant hosting companies and/or local and international law enforcement agencies. Documentation of violations may be publicly posted and/or other actions deemed appropriate may be taken.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, theserendipitycafe.com designates the following business as its agent for receipt of notifications of claimed copyright infringement.

If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must be in writing and must include:

1. Please give sufficient detail to clearly identify any copyrighted work(s) that you believe has been infringed upon or other sufficient information to specify the copyrighted work being infringed).

2. Clearly identify the specific material that you claim is infringing the copyrighted work listed in item #1 above. i.e. title and url address of article, or url of the webpage containing an image or similar.

3. Please give sufficient information to enable us to contact you (an email address is preferred).

4. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

6. Sign the notification.

Send the written communication by mail to the following address:
Chronwin Information Technologies Inc
45 Prairie Lane
Lindenhurst NY 11757
email: copyright@theserendipitycafe.com

12. Trademarks

All trademarks displayed on theserendipitycafe.com's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with theserendipitycafe.com.

13. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by theserendipitycafe.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Visitor. Visitor agrees that by accepting this Terms of Use Agreement, Visitor is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.