| Cabcorner.com
Terms of Use Agreement |
| Welcome
to Cabcorner.com, a service for adults to meet with the interest of
sharing a taxi ride, operated by Cabcorner L.L.C. ("Cabcorner.com").
By using the Cabcorner.com Website, (the "Website") you agree
to be bound by these Terms of Use (this "Agreement"), whether
or not you register as a registered user of Cabcorner.com ("Registered
user"). If you object to anything in this Agreement or the Cabcorner.com
Privacy Policy, do not use the Website or the Service. The Terms
of Use are subject to change by Cabcorner.com at any time, effective
upon posting on the Cabcorner.com website, and your use of the Service
after such posting will constitute acceptance by you of such changes. |
1. Acceptance of Terms of Use
Agreement.
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a. |
Electronic Agreement. This
Agreement is an electronic contract that sets out the legally binding
terms of your use of the Website and your registered usership in the
Service. This Agreement may be modified by Cabcorner.com from time to
time, such modifications to be effective upon posting by Cabcorner.com
on the Website. This Agreement includes Cabcorner.com's Acceptable Use
Policy for Content Posted on the Website, Cabcorner.com's Privacy Policy,
Cabcorner.com's registered users’ policies and any notices regarding
the Website. By accessing the Website or becoming a Registered user,
you accept this Agreement and agree to the terms, conditions and notices
contained or referenced herein. |
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b. |
Electronic Form. By
accessing the Website or becoming a Registered user, you consent to
have this Agreement provided to you in electronic form. |
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c. |
Access and Retention. In
order to access and retain this electronic Agreement, you must have
access to the World Wide Web, either directly or through devices that
access web-based content, and pay any service fees associated with such
access. In addition, you must use all equipment necessary to make such
connection to the World Wide Web, including a computer and modem or
other access device. Please print a copy of this document for your records.
To retain an electronic copy of this Agreement, you may save it into
any word processing program. Via, the Website, we will notify you of
any changes in the hardware or software requirements needed to access
and/or retain this Agreement that create a material risk that you will
not be able to continue to access and/or retain this electronic Agreement. |
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| 2. Eligibility. You must be at least eighteen
(18) years of age to register as a registered user of Cabcorner.com
or use the Website. Use of this Service is void where prohibited. By
using the Website, you represent and warrant that you have the right,
authority and capacity to enter into this Agreement and to abide by
all of the terms and conditions of this Agreement. |
| 3. Registered usership. You may become a Registered
user of the Service at no cost. As a Registered user, you will have
the ability to participate in all of the features and services available
within the Service. |
| 4. Term. This
Agreement will remain in full force and effect while you use the Website
and/or are a Registered user. You may terminate your registered usership
at any time, for any reason, by following the instructions on the registration
page. If Cabcorner.com terminates your registered usership in the
Service because you have breached this Agreement, your profile and any
corresponding information will be removed from our website. All decisions
regarding the termination of accounts shall be made in the sole discretion
of Cabcorner.com. Cabcorner.com is not required to provide you notice
prior to terminating your registered usership. Cabcorner.com is not
required, and may be prohibited, from disclosing a reason for the termination
of your account. Even after your registered usership, this Agreement
will remain in effect. All terms that by their nature may survive termination
of this Agreement shall be deemed to survive such termination. |
| 5. Non-commercial Use by Registered
users. Illegal
and/or unauthorized uses of the Website, including collecting usernames
and/or email addresses of registered users by electronic or other means
for the purpose of sending unsolicited email and unauthorized framing
of or linking to the Website may be investigated, and appropriate legal
action will be taken, including without limitation, civil, criminal,
and injunctive redress. Use of the Website is with the permission of
Cabcorner.com, which may be revoked at any time, for any reason, in
Cabcorner.com's sole discretion. |
| 6. Account Security. You are responsible for maintaining
the confidentiality of the username and password that you designate
during the Registration process, and you are fully responsible for all
activities that occur under your username and password. You agree to
(a) immediately notify Cabcorner.com of any unauthorized use of your
username or password or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. Cabcorner.com
will not be liable for any loss or damage arising from your failure
to comply with this provision. You should use particular caution when
accessing your account from a public or shared computer so that others
are not able to view or record your password or other personal information.
If you share your computer with others, you may wish to consider disabling
your auto-sign in feature if you have linked your Window's Live ID to
your Cabcorner.com account. |
| 7. YOUR INTERACTIONS WITH OTHER
REGISTERED USERS. YOU
ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER REGISTERED USERS.
YOU UNDERSTAND THAT CABCORNER.COM DOES NOT IN ANY WAY SCREEN ITS REGISTERED
USERS, NOR DOES CABCORNER.COM INQUIRE INTO THE BACKGROUNDS OF ITS REGISTERED
USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS REGISTERED USERS. CABCORNER.COM
MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF REGISTERED
USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE REGISTERED USERS. IN
NO EVENT SHALL CABCORNER.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER
DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL,
AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU
OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING
WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER
DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED
USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU
AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER
REGISTERED USERS OF THE SERVICE. IN ADDITION, YOU AGREE TO REVIEW CABCORNER.COM'S RIDeR SAFETY TIPS PRIOR TO USING THE SERVICE.
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| 8. Content on Cabcorner.com. |
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(a) Proprietary
Rights. Cabcorner.com owns and retains all proprietary rights in
the Website and the Service. The Website contains the copyrighted material,
trademarks, and other proprietary information of Cabcorner.com, and
its licensors. Except for that information which is in the public domain
or for which you have been given written permission, you may not copy,
modify, publish, transmit, distribute, perform, display, or sell any
such proprietary information. |
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(b) Reliance on
Content, Advice, Etc. Opinions, advice, statements, offers, or other
information or content made available through the Service, but not directly
by Cabcorner.com, are those of their respective authors, and should
not necessarily be relied upon. Such authors are solely responsible
for such content. Cabcorner.com does not: (i) guarantee the accuracy,
completeness, or usefulness of any information on the Service, or (ii)
adopt, endorse or accept responsibility for the accuracy or reliability
of any opinion, advice, or statement made by any party that appears
on the Website. Under no circumstances will Cabcorner.com or its affiliates
be responsible for any loss or damage resulting from your reliance on
information or other content posted on the Website or transmitted to
or by any Registered users. |
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| 9. Content Posted by You on
Cabcorner.com. |
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a. You are solely
responsible for the Content that you publish or display (hereinafter,
"post") on the Service, or transmit to other Registered users.
You will not post on the Service, or transmit to other Registered users,
any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually
oriented, threatening, harassing, racially offensive, or illegal material,
or any material that infringes or violates another party's rights (including,
but not limited to, intellectual property rights, and rights of privacy
and publicity). You will not provide inaccurate, misleading or false
information to the Company or to any other Registered user. If information
provided to Cabcorner.com, or another Registered user, subsequently
becomes inaccurate, misleading or false, you will promptly notify Cabcorner.com
of such change. |
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b. You understand
and agree that Cabcorner.com may review and delete any content, messages,
double-blind emails, photos or profiles (collectively, "Content"),
in each case in whole or in part, that in the sole judgment of Cabcorner.com
violate this Agreement or which might be offensive, illegal, or that
might violate the rights, harm, or threaten the safety of Registered
users. |
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c.
By posting Content to any public area of Cabcorner.com, you automatically
grant, and you represent and warrant that you have the right to grant,
to Cabcorner.com, its affiliates, licensees and successors, an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use, copy,
perform, display, reproduce, adapt, modify and distribute such information
and content and to prepare derivative works of, or incorporate into
other works, such information and content, and to grant and authorize
sublicenses of the foregoing. You further represent and warrant that
public posting and use of your content by Cabcorner.com will not infringe
or violate the rights of any third party. |
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d. The following is
a partial list of the kind of Content that is illegal or prohibited
on the Website. Cabcorner.com reserves the right to investigate and
take appropriate legal action in its sole discretion against anyone
who violates this provision, including without limitation, removing
the offending communication from the Service and terminating the registered
usership of such violators. It includes, but is not limited to, Content
that:
- is patently
offensive to the online community, such as Content that promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual;
- harasses
or advocates harassment of another person;
- involves
the transmission of "junk mail", "chain letters,"
or unsolicited mass mailing or "spamming";
- promotes
information that you know is false, misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes
an illegal or unauthorized copy of another person's copyrighted work,
such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices,
or providing pirated images, audio or video, or links to pirated images,
audio or video files;
- contains
restricted or password only access pages, or hidden pages or images
(those not linked to or from another accessible page);
- provides
material that exploits people under the age of 18 or solicits personal
information from anyone under the age of 18;
- solicits
passwords or personal identifying information for commercial or unlawful
purposes from other users; and
- engages
in commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes.
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e. Your use of the
Service, including but not limited to the Content you post on the Service,
must be in accordance with any and all applicable laws and regulations. |
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f. You may not engage
in advertising to, or solicitation of, other Registered users. This
includes but is not limited to solicitation or advertising to buy or
sell any products or services through the Service or to attend parties
or other social functions or networking for commercial purposes. You
may not transmit any chain letters or junk email to other Registered
users. Although Cabcorner.com cannot monitor the conduct of its Registered
users off the Website, it is also a violation of these rules to use
any information obtained from the Service in order to harass, abuse,
or harm another person, or in order to contact, advertise to, solicit,
or sell to any Registered user without their prior explicit consent.
In order to protect our Registered users from such advertising or solicitation,
we reserves the right to restrict the number of emails which a Registered
user may send to other Registered users in any 24-hour period to a number
which we deem appropriate in our sole discretion. |
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g. All information
you include in your Registered user profile must be accurate, current
and complete. |
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10. Prohibited Activities. Cabcorner.com reserves the
right to investigate and terminate your registered usership if you have
misused the Service, or behaved in a way which could be regarded as
inappropriate or whose conduct is unlawful or illegal. The following
is a partial list of the type of actions that you may not engage in
with respect to the Service:
- You will
not impersonate any person or entity.
- You will
not "stalk" or otherwise harass any person.
- You will
not express or imply that any statements you make are endorsed by Cabcorner.com
without our specific prior written consent.
- You will
not use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, "data
mine", or in any way reproduce or circumvent the navigational structure
or presentation of the Service or its contents.
- You will
not post, distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
consent of the owner of such proprietary rights.
- You will
not remove any copyright, trademark or other proprietary rights notices
contained in the Service.
- You will
not interfere with or disrupt the Services or the site or the servers
or networks connected to the Services or the site.
- You will
not post, email or otherwise transmit 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.
- You will
not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any information transmitted through the Service.
- You will
not "frame" or "mirror" any part of the Service
or the Website, without Cabcorner.com's prior written authorization.
You also shall not use meta tags or code or other devices containing
any reference to Cabcorner.com or the Service or the site in order to
direct any person to any other web site for any purpose.
- You will
not modify, adapt, sublicense, translate, sell, reverse engineer, decipher,
decompile or otherwise disassemble any portion of the Service or the
Website or any software used on or for the Service or cause others to
do so.
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| 11. Customer Service. Cabcorner.com provides assistance
and guidance through its customer care representatives. When communicating
with our customer care representatives, you may not to be abusive, obscene,
profane, offensive, sexist, threatening, harassing, racially offensive,
or otherwise behave inappropriately. If we feel that your behavior towards
any of our customer care representatives or other employees is at any
time threatening or offensive, we reserve the right to immediately terminate
your registered usership and you will not be entitled to any refund
of unused subscription fees. |
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| 12. Modifications to Service. Cabcorner.com reserves the
right at any time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You agree
that Cabcorner.com shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service. |
| 13. Blocking of IP Addresses. In order to protect the integrity
of the Service, Cabcorner.com reserves the right at any time in its
sole discretion to block Registered users from certain IP addresses
from accessing the Website. |
| 14. Copyright Policy. You may not post, distribute,
or reproduce in any way any copyrighted material, trademarks, or other
proprietary information without obtaining the prior written consent
of the owner of such proprietary rights. Without limiting the foregoing,
if you believe that your work has been copied and posted on the Service
in a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information: an electronic or physical
signature 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 the Website; your address, telephone
number, and email address; 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; 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. |
| 15. Registered user Disputes. You are solely responsible
for your interactions with other Cabcorner.com Registered users. Cabcorner.com
reserves the right, but has no obligation, to monitor disputes between
you and other Registered users. |
| 16. Privacy. Use of the Website and/or the
Service is also governed by our Privacy
Policy. |
17. Disclaimers. Cabcorner.com is not responsible
for any incorrect or inaccurate Content posted on the Website or in
connection with the Service, whether caused by users of the Website,
Registered users or by any of the equipment or programming associated
with or utilized in the Service. Cabcorner.com is not responsible
for the conduct, whether online or offline, of any user of the Website
or Registered user of the Service. Cabcorner.com assumes no responsibility
for any error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, user or Registered user communications.
Cabcorner.com is not responsible for any problems or technical malfunction
of any telephone network or lines, computer online systems, servers
or providers, computer equipment, software, failure of email or players
on account of technical problems or traffic congestion on the Internet
or at any Website or combination thereof, including injury or damage
to users and/or Registered users or to any other person's computer related
to or resulting from participating or downloading materials in connection
with the Web and/or in connection with the Service. Under no circumstances
will Cabcorner.com or any of its affiliates, advertisers, promoters
or distribution partners be responsible for any loss or damage, including
personal injury or death, resulting from anyone's use of the Website
or the Service, any Content posted on the Website or transmitted to
Registered users, or any interactions between users of the Website,
whether online or offline. The Website and the Service are provided
"AS-IS" and Cabcorner.com expressly disclaims any warranty
of fitness for a particular purpose or non-infringement. Cabcorner.com
cannot guarantee and does not promise any specific results from use
of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this
Agreement, any advice that may be posted on the Website is for informational
and entertainment purposes only and is not intended to replace or substitute
for any professional financial, medical, legal, or other advice. Cabcorner.com
makes no representations or warranties and expressly disclaims any and
all liability concerning any treatment, action by, or effect on any
person following the information offered or provided within or through
the Website. If you have specific concerns or a situation arises in
which you require professional or medical advice, you should consult
with an appropriately trained and qualified specialist. |
| 18. Links. The
Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Cabcorner.com has no control over
such sites and resources, you acknowledge and agree that Cabcorner.com
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products or other materials on or available from such sites
or resources. You further acknowledge and agree that Cabcorner.com shall
not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with the
use of, or reliance upon, any such Content, goods or services available
on or through any such site or resource. |
| 19. Linked Accounts. Cabcorner.com permits you to
associate a Cabcorner.com username and password with your Window's Live
ID. When you establish a linked account, you can sign into Facebook.com
or Twitter.com and from there sign into Cabcorner.com. Cabcorner.com
is not responsible for the operation or functionality of Facebook.com
or Twitter.com. |
| 20. Limitation on Liability. Except in jurisdictions where
such provisions are restricted, in no event will Cabcorner.com be liable
to you or any third person for any indirect, consequential, exemplary,
incidental, special or punitive damages, including also lost money arising
from your use of the Web site or the Service, even if Cabcorner.com
has been advised of the possibility of such damages. Notwithstanding
anything to the contrary contained herein, Cabcorner.com's liability
to you for any cause whatsoever. |
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| 21. Jurisdiction and Choice
of Law. If there
is any dispute arising out of the Website and/or the Service, by using
the Website, you expressly agree that any such dispute shall be governed
by the laws of the State of New York, without regard to its conflict
of law provisions, and you expressly agree and consent to the exclusive
jurisdiction and venue of the state and federal courts of the State
of New York, in New York City, for the resolution of any such dispute. |
| 22. Indemnity by You. You agree to indemnify and
hold Cabcorner.com, its subsidiaries, affiliates, officers, agents,
and other partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorney's fees, made by any
third party due to or arising out of your use of the Service in violation
of this Agreement and/or arising from a breach of this Agreement and/or
any breach of your representations and warranties set forth above. |
| 23. No Third Party Beneficiaries. You agree that, except as otherwise
expressly provided in this Agreement, there shall be no third party
beneficiaries to this Agreement. |
