Last Updated: December 13, 2022
YOUR CONSENT TO OTHER AGREEMENTS
OWNERSHIP, COPYRIGHT, AND TRADEMARK MATTERS
Our Site, including the software and code that comprises and operates our Site and all of the content of our Site, for example, all of the text, images, illustrations, graphics, audio clips, and video clips published on our Site, are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. All of the rights in our Site, including all of the rights in the content of our Site, are owned by Rafiki Coffee & Cafe, LLC, its subsidiaries, its or their licensors, and other third parties. The entire content of our Site is copyrighted as a collective work under U.S. and international copyright laws and treaties, and Rafiki Coffee & Cafe, LLC or one of its subsidiaries owns the copyright in the selection, coordination, arrangement and enhancement of the content of our Site.
Individual users of our Site are permitted to download copies of the information on our Site for their own personal use. This limited, revocable privilege to use the content in no way constitutes a transfer of any right, title or interest in the material you download. You may not, under any circumstances, (a) modify the content of our Site, or use or exploit it for any commercial purpose, or for any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble any part of our Site or the content; or (c) remove any copyright, trademark registration, or other proprietary notices from the content. No material from our Site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, exploited or used in any manner or form except as expressly provided above without first obtaining written permission from Rafiki Coffee & Cafe, LLC or one of its subsidiaries. The use of any materials from our Site on any other Web site or networked computer environment is prohibited.
The trademarks and service marks used or displayed on our Site (“Trademarks”) are registered and unregistered trademarks of Rafiki Coffee & Cafe, LLC, one of its subsidiaries, or third parties. Nothing on our Site may be construed as granting – by implication, estoppel, or otherwise – any license or right to use any Trademarks displayed on the Site without the prior express written permission of Rafiki Coffee & Cafe, LLC or the trademark owner. In particular, you may not use any trademark displayed on our Site as a “hot” link without the prior written approval of the trademark owner.
RESPONSIBILITY FOR USER-GENERATED CONTENT POSTED ON OR THROUGH OUR SITE
You are responsible for UGC that you post: Under no circumstances will we be liable in any way for any UGC.
Because we do not control the UGC posted on or through our Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing our Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through our Site. The UGC posted on or through our Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Rafiki Coffee & Cafe, LLC or any person or entity associated with Rafiki Coffee & Cafe, LLC.
You own UGC, but we may use it: You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using our Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove UGC: Rafiki Coffee & Cafe, LLC has certain rights. We have the right (but do not assume the obligation) to:
monitor all UGC;
require that you avoid certain subjects;
remove or block any UGC at any time without notice at our sole and absolute discretion;
terminate your access to and use of our Site, or to modify, edit or block your transmissions thereto in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.
upload, post, transmit or otherwise make available
any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
any UGC that constitutes or encourages activity illegal under criminal or civil law;
any UGC that is false, misleading, or fraudulent;
any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
any request for or solicitation of any personal or private information from any individual;
any request for or solicitation of money, goods, or services for private gain;
any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
violate any local, state, national or international law, rule or regulation.
REMOVAL OF CONTENT
Violation of copyrights: Rafiki Coffee & Cafe, LLC does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on our Site or has been otherwise copied and made available on our Site in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:
an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on our Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your statement must be addressed to Rafiki Coffee & Cafe, LLC who owns the platform, as follows:
Rafiki Coffee & Cafe, LLC.
540 Fairview Ave, N. Suite 101
Saint Paul, MN 55104
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
PASSWORD-PROTECTED AREAS OF OUR SITE
Certain areas of our Site are or may be password protected. You are responsible for maintaining the confidentiality of your passwords. We have the right to assume that anyone accessing our Site using a password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing our Site using a password assigned to you, even if the individual is not, in fact authorized by you. You agree to notify us promptly if you have reason to believe that your password may have been compromised or used without authorization.
OUR SITE, ITS CONTENTS, AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, RAFIKI COFFEE & CAFE, LLC, AND ITS SUBSIDIARIES, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO OUR SITE, ITS CONTENTS, AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RAFIKI COFFEE & CAFE, LLC, AND ITS SUBSIDIARIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THIS SITE; (D) THAT THE INFORMATION ON THIS SITE, INCLUDING MENUS AND PRICING INFORMATION, IS ACCURATE, COMPLETE OR CURRENT; OR (E) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THIS ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL RAFIKI COFFEE & CAFE, LLC, AND ITS SUBSIDIARIES, OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR SITE, ANY CONTENT PUBLISHED ON OUR SITE, OR ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH OUR SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF RAFIKI COFFEE & CAFE, LLC, OR ONE OF ITS SUBSIDIARIES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY RAFIKI COFFEE & CAFE, LLC, OR ITS SUBSIDIARIES, (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE DOLLARS ($5.00).
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO ALL OR PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
LINKS TO SITES OPERATED BY THIRD PARTIES
Our Site may provide links to websites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their websites. We do not assume any responsibility or liability for the actions, product, and content of any such sites. Before you use any site you should review the applicable conditions of use and policies. The inclusion of a link in our Site does not imply our endorsement of the site. If you decide to access linked third-party websites, you do so at your own risk.
GOVERNING LAW, JURISDICTION AND VENUE