CursorCafe.com - Terms of Use

Welcome to CursorCafe.com, a service of Comet Systems, Inc. d/b/a CursorCafe.com.

By using the CursorCafe.com website, or the services provided through the CursorCafe.com website, you hereby agree to the Terms of Use below. CursorCafe.com may, at its discretion, add, delete, or modify the Terms of Use without notice.

Description of Service
CursorCafe.com is a website that provides users with free desktop cursors.

Privacy
You acknowledge and agree that you have reviewed, understand, and agree to be bound by all of the terms and provisions of the CursorCafe.com Privacy Policy. Your use of the CursorCafe.com Service is expressly conditioned upon such acknowledgment and agreement.

Intellectual Property
All of the materials provided through the CursorCafe.com Service are protected by the copyright laws of the U. S. and other countries. You are only allowed to use these materials as indicated on the CursorCafe.com website; other uses are prohibited by copyright laws.

All of the materials provided through the CursorCafe.com Serviced may be viewed only in conjunction with the CursorCafe.com Service. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material in any format, electronic or otherwise.


Limitations of Liability and Warranty
a) YOU AGREE THAT THE USE OF CURSORCAFE.COM AND THE CURSORCAFE.COM SERVICE IS ENTIRELY AT YOUR OWN RISK. CURSORCAFE.COM AND THE CURSORCAFE.COM SERVICE ARE PROVIDED FREE OF CHARGE, ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CursorCafe DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CursorCafe DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. NEITHER CursorCafe NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE.

b) UNDER NO CIRCUMSTANCES SHALL CursorCafe BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF CURSORCAFE.COM OR THE CURSORCAFE.COM SERVICE OR RELIANCE ON CURSORCAFE.COM OR THE CURSORCAFE.COM SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF CursorCafe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF CURSORCAFE.COM OR THE CURSORCAFE.COM SERVICE, OR RELIANCE ON CURSORCAFE.COM OR CURSORCAFE.COM SERVICE, FROM INABILITY TO USE CURSORCAFE.COM OR CURSORCAFE.COM SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF CURSORCAFE.COM OR CURSORCAFE.COM SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON CURSORCAFE.COM OR RECEIVED THROUGH ANY LINKS PROVIDED ON CURSORCAFE.COM, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON CURSORCAFE.COM OR RECEIVED THROUGH ANY LINKS PROVIDED ON CURSORCAFE.COM. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF CURSORCAFE.COM OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO CURSORCAFE.COM. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

c) CursorCafe MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSIBILITY OF THE CURSORCAFE.COM SERVICE.

d) You agree that CursorCafe and the providers of licensed screensaver content are not liable for your conduct in association with CursorCafe.com and the CursorCafe.com Service.

e) CursorCafe and providers of licensed cursor content make no guarantee of the accuracy, correctness, or completeness of any information on CursorCafe.com and are not responsible for

1. any errors or omissions arising from the use of such information;
2. any failures, delays, or interruptions in the delivery of any content or services contained within CursorCafe.com; or
3. losses or damages arising from the use of the content or services provided by CursorCafe.com.

f) CursorCafe is not responsible for the delivery of any goods or services sold or advertised through CursorCafe.com sponsors, advertisers, link partners, or affiliate program pages.

g) CursorCafe is not responsible for any content displayed on websites operated by CursorCafe.com sponsors, advertisers, link partners, or affiliate program pages.

Indemnity and Release
You agree to indemnify CursorCafe and any providers of licensed content against any and all claims and expenses, including attorneys' fees, arising from your use of CursorCafe.com. This includes, without limitation your responsibility for any and all liability arising from the violation or infringement of proprietary rights, copyrights, trademarks, or service-marks.

By using CursorCafe.com or the CursorCafe.com Service, you are hereby agreeing to release CursorCafe and its affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or CursorCafe products and services. You hereby agree to waive all laws that may limit the efficacy of such releases.

Intellectual Property
All of the materials provided through the CursorCafe.com Service are protected by the copyright laws of the U. S. and other countries. You are only allowed to use these materials as indicated on the CursorCafe.com website; other uses are prohibited by copyright laws.

All of the materials provided through the CursorCafe.com Serviced may be viewed only in conjunction with the CursorCafe.com Service. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material in any format, electronic or otherwise.

Choice of Law
This Agreement shall be constructed and controlled by the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising hereunder will be governed by the laws of the State of New York. You agree to personal jurisdiction by the state and federal courts of the State of New York.

Merger Clause
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between you and CursorCafe representatives with respect to the subject matter hereof. CursorCafe may amend these Terms of Use at any time without notice.

Questions
All questions concerning these Terms of Use shall be directed to CursorCafe, 143 Varick Street, NY, NY 10013, or send an email to seanc@cometsystems.com.

©2005 CursorCafe.com.com. All rights reserved.