By using peanutcafe.com and it's related services ("the Site"), an on-line service to post, search, respond to community ads and announcements & create flyers, you ("You" or "User") warrant to Peanut Café Inc. ("the Company") that you have the right, authority and capacity to agree to and be bound by the following terms and conditions ("Terms of Use") including the policies contained within. If you are unable to or do not wish to be bound by these Terms of Use, please do not access or use any part of the Site.
These Terms of Use is a legal agreement between You (either as an individual or any other legal entity) and Peanut Café Inc. Your access to and use of Peanut Café Inc. websites is subject to, and governed by, these Terms of Use. Be sure to carefully read and understand all of the rights and restrictions delineated in these Terms of Use.
- You must be at least thirteen (13) years old to visit or use peanutcafe.com in any manner and and must be 18 yrs old in areas where an adult disclaimer is displayed.
- You may not use the Peanut Café's services for any illegal or unauthorized purpose.
- You are responsible for keeping your account password secure
- You must not solicit for advertisers or sponsors, or display a sponsorship banner of any kind including but not limited to services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their websites.
- You must not promote or solicit participation in multilevel marketing or pyramid schemes, conduct raffles or contests that require any type of entry fee.
- You must not violate any of our rules or policies such as the Prohibited Items policy, Category Posting Rules, and Community Guidelines.
- You must not modify copy, reproduce, adapt, break into or hack peanutcafe.com or modify another website so as to falsely imply that it is associated with peanutcafe.com.
- You agree not to engage in practices of screen scraping, database scraping or any other activity with the purpose of obtaining user or any other information from peanutcafe.com.
- You must not attempt to gain unauthorized access to Peanut Café Inc.'s computer systems where the public is prohibited.
- You must not create, submit or distribute unwanted email ("spam"), chain letters, mass commercial advertising or junk mail to any users of peanutcafe.com.
- You must not damage, overburden, impair or transmit any worms or viruses or any code of a destructive nature.
- You may not promote any illegal activities or provide instructional information about illegal activities or acts of cruelty to animals.
- You are solely responsible for your conduct and any data you make available, text, information, user names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the peanutcafe.com Site.
- You must not post Content or items in inappropriate categories or sections of the Site or repeatedly post the same or similar Content, item or service numerous times during the duration of an already live published post.
- You agree not to transmit (post, upload, input or submit) Content that is abusive, violates the rights of others, harmful, misleading, defamatory, unlawful, harassing, threatening, vulgar, obscene, libelous, invasive of another's privacy, racially or ethically objectionable or intimidate other peanutcafe.com users.
- You agree not to display material containing nudity or pornographic material depicting a human or humans engaging in actual sexual conduct in any manner with another human, animal or object, including but not limited to consensual or non consensual sexual intercourse (oral or genital), sexual abuse, masturbation or lascivious exhibition of genitals or pubic areas or any person.
- You must not transmit Content that provides or links to material that exploits people under the age of 18 in a sexual, violent, or other manner or solicits personal information from anyone under 18.
- You agree to provide true, accurate and complete information and refrain from falsely representing or impersonating another person or entity to the extent of using any of Peanut Café's services.
- You must not, in the use of peanutcafe.com, intentionally or unintentionally violate any applicable local, state, national or international laws in your jurisdiction, or any regulations having the force of law, including the Civil Rights Act of 1964 the Americans with Disabilities Act, the Equal Credit Opportunity Act and the Fair Housing Act. According to the Fair Housing act, you may not state in any notice or posting for the sale or rental of any dwelling a discriminatory preference based on race, color, national origin, religion, sex, familial status or disability. International users agree to comply with all local laws regarding online conduct and acceptable Content.
While peanutcafe.com prohibits such conduct and Content on its site, you understand and agree that Peanut Café Inc. cannot be responsible for the Content posted on its website and you nonetheless may be exposed to such materials and that you use the peanutcafe.com service at your own risk.
The Company makes no claims that the peanutcafe.com Content may be lawfully viewed or accessed outside of the United States. Access to the peanutcafe.com Content may not be legal by certain persons or in certain countries. If you access a peanutcafe.com or other U.S.-based Peanut Café Sites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the state of Texas, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the federal courts within Austin, Texas. If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for areas of peanutcafe.com, a particular "Legal Notice," or Software License or material on particular Web pages, these Terms of Use constitute the entire agreement between you and the Company with respect to the use of peanutcafe.com. No changes to these Terms of Use shall be made except by a revised posting on this page.
Basic services such as signing up for an account, browsing, and searching peanutcafe.com is free. We charge a fee to post Content to some areas of the Site and for the creation of Flyers. This is an access fee permitting users to post content to a designated area of the site and access to the online software for creating flyers. This fee is set solely by our discretion, and we may choose to permanently change the fees with or without prior notice. We may also choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the promotional event or new service on the Site.
You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. All fees paid will be non-refundable. In addition, all fees are non refundable as well in the event that Content is prematurely removed due to violation of the Terms of Use or failure to follow Site directions.
You acknowledge that Peanut Café Inc. reserves all rights to establish limits concerning use of the Site, including the maximum duration of days that Content will be published, the maximum number and size of postings and images, email messages, or other Content that may be transmitted or stored by Peanut Café Inc., and the frequency with which you may access the Site.
Peanut Café Inc. has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site. You acknowledge that Peanut Café Inc. reserves the right at any time to modify or discontinue services (or any part thereof) with or without notice, and that Peanut Café Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services.
All peanutcafe.com Content including, all information, text, messages, images, photos, illustrations, designs, icons, files, trademarks, copyrighted material, software, specifications, literature, technical information, advertisements and other content belong to Peanut Café Inc. with all rights reserved.
By transmitting Content to the Site, you grant Peanut Café Inc. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
Content is provided through peanutcafe.com AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Peanut Café Inc. be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Site.
The peanutcafe.com Site and Content may contain features that may link you or provide you with access to third party content, sites and/ or services. These sites are completely independent of peanutcafe.com. If you use these links, you will leave the peanutcafe.com Site. Peanut Café Inc. is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). If you decide to access any of the third-party websites linked to from peanutcafe.com, you do this entirely at your own risk.
You understand that all third party Content posted on, transmitted through, or linked from peanutcafe.com, is the sole responsibility of the third party originator of such Content. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You agree that Peanut Café Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Peanut Café Inc is under no obligation to become involved.
In the event that a dispute may arise between you and other users of the site, You agree not to hold Peanut Café Inc. or any of it's our officers, directors, agents, subsidiaries, joint ventures or employees liable for any loss or damage of any sort incurred as the result of any dealings and/ or as the result of the presence of third party advertisers or advertisements on the Site. You acknowledge that Peanut Café Inc. does not screen or approve third-party Content, and that Peanut Café Inc. reserves the right in its sole discretion to refuse, modify, delete or move any Content that is available on the Site, for any reason.
If you choose to upload an image, below are descriptions of those which Peanut Café feels are not representative of our site and are therefore not permitted.
Obscene images - Postings of this nature which are not considered "artistic" will be immediately removed from the site. This includes images of frontal nudity, genitalia, sexual intercourse of any kind between any parties, bestiality, oral sex, masturbation, sexual abuse, and abuse of minors.
Violent images - Extremely violent images such as uncensored events including: execution images, accident pictures, gruesome war scenes, death scenes, and/or torture images are not permitted.
Photos that do not belong to you - This includes other people's photos and/or images you've acquired from other sites. There are copyrights and rights of publicity which may be owned by people other than the person who has posted the image.
Misrepresentative photos - You may not impersonate or pose as someone else by publishing a post in their name, including the upload of their photos without their permission.
Peanutcafe.com is a venue for internet users to post and search for opportunities and announcements and does not screen or censor postings, nor flyers. Peanut Café Inc. is in no way involved in user to user transactions related to all postings. As a result, you acknowledge that Peanut Café Inc. has no control over and does not guarantee the truth or accuracy of postings, nor the quality, safety or legality of items or services posted.
The Company has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by Users. You will not hold Peanut Café Inc. responsible for other users' actions or inactions, including things they post, upload, input or submit. Also, Peanut Café Inc. cannot guarantee and does not promise any specific results from use of peanutcafe.com.
Peanut Café Inc. is committed to protecting your privacy as users of our products and services. We do not sell or rent your personal information to third parties for marketing purposes. We use your information only as described in the Peanut Café Privacy Policy. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us by signing-in to your account and going to the My Café section of the Site. We use third parties to verify and certify our privacy principles. You find out more about how we are safeguarding your personal information by reading the Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
Peanut Café Inc. respects the intellectual property of others, and we ask our users to do the same. Please email us at siteabuse@peanutcafe.com, if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated. Please provide our designated Copyright agent with the following information:
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf.
- A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing.
- Identification of the URL or other specific location on this web site where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity.
- Your name, address, telephone number and, if You have one, your e-mail address.
- A statement by You that You have a good faith belief that use on the web site of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
- A statement by You, made under penalty of perjury that the information You have provided in your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner.
Peanut Café and any other product or service name or slogan or logo contained in the Peanut Café Site are trademarks of Peanut Café Inc. and its suppliers or licensors and may not be reproduced, modified, copied, imitated, or used, in whole or in part, without the express written permission of Peanut Café. You further agree not to reproduce, duplicate or copy Content from the Site without the express written consent of Peanut Café, and agree to abide by any and all copyright notices displayed on the Service. You may not attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Peanut Café Inc. does not warrant that the Site will operate error-free or that its servers are free of computer viruses or other harmful mechanisms. If your use of the Peanut Café Site or the Peanut Café Content results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs. The Peanut Café Site and Content are provided on an "AS IS" basis without any warranties of any kind. The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness or timeliness of the Peanut Café Content, Services, Software, Text, Graphics and Links.
In no event shall Peanut Café Inc. be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Peanut Café Site, with the delay or inability to access or use the Peanut Café Services, the provisions of or failure to provide services or for any content, software, products and services made available or obtained through the Peanut Café Site, or otherwise arising out of the use of the Peanut Café Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Peanut Café has been advised of the possibility of damages. Any Service or Content made available or obtained through the use of the Peanut Café Site, and all other use of the Peanut Café Site, is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results there from.
If you are dissatisfied with any portion of the Peanut Café Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Peanut Café Site.
You will indemnify and hold us, our officers, directors, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Peanut Café reserves the right to modify, suspend or terminate the peanutcafe.com Service for any reason, without notice at any time. For example, we may make changes to the materials and/ or Services, or to the products and prices described in them, at any time without notice. The Services may be out of date and Peanut Café makes no commitment to update the materials and/ or Services whatsoever. We reserve the right to alter these Terms of Use at any time. You are responsible for periodically reviewing these binding Terms of Use on this page.
Violation of these agreements will result in the termination of your access to and use of peanutcafe.com with or without notice. Peanut Café, in its sole discretion, also has the right to delete or deactivate your account, block your email or IP address as a result of violating these Terms of Use.
Please report any violation of these Terms of Use by appropriately flagging the posting(s) or by contacting us through our contact form with a copy of the posting link(s) and a brief explanation of the violation.
Peanut Café welcomes your questions and feedback on this Agreement. Please submit them through our feedback form.