Future Modifications to the Terms of Service
Description of service
KIBOKOCAFE.COM is an informative website in relation to the products and services offered through this space, as well as any additional information related to them and in the interest of the users of this website. The content of the pages of this website is purely informative and of general use, and is subject to change without prior notice.
Each user acknowledges that all the information that can be sent to KIBOKO CAFE by email or, where appropriate, filling in a form, is true, accurate, and current.
Neither KIBOKO CAFE nor any collaborating third party offer any guarantee or guarantees as to the accuracy, punctuality, performance, integrity or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and expressly exclude liability for such inaccuracies or errors to the maximum extent permitted by law.
The use of any information or material by each USER does so at its own risk and responsibility, for which KIBOKO CAFE will never be responsible. It is the responsibility of the user to ensure that any product, service, or information available through this website meets its specific requirements.
Requirements for Use of the Kiboko Cafe Services
The KIBOKO CAFE Services are available for individuals aged 18 years or older. If you are under age please leave this website.
Full use of the KIBOKO CAFE Services requires internet access and may be affected by the performance of external factors such as internet connection, internet service provider, your computer performance and other factors not related to KIBOKO CAFE Services. KIBOKO CAFE does not allow third parties to offer KIBOKO CAFE Services. KIBOKO CAFE is not liable or responsible of third party products or service claiming to use KIBOKO CAFE Services and KIBOKO CAFE is not construed to represent or guarantee you access to the KIBOKO CAFE Services.
Terms for Companies and Organizations
If you are registering or using the KIBOKO CAFE Services on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.
Subject to KIBOKO CAFE’s adherence with the privacy settings you select within the KIBOKO CAFE Services, you hereby grant to KIBOKO CAFE a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the KIBOKO CAFE Services (collectively, “User Generated Content”) in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format.
“User Generated Content” includes but is not limited to content posted on message board posts, blogs, journals, food and recipe submissions and user comments. Subject to KIBOKO CAFE’s adherence to the privacy settings you select within the KIBOKO CAFE Services, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude KIBOKO CAFE’s use of the User Generated Content or require your permission for KIBOKO CAFE to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against KIBOKO CAFE or other licensed its sublicensees relating to KIBOKO CAFE’s or its sublicensees’ use of the User Generated Content in accordance with your privacy settings, and you hereby release KIBOKO CAFE and its sublicensees from any such claims.
You represent that your User Generated Content: (1) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party’s rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password.
KIBOKO CAFE cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your KIBOKO CAFE account or for any third party’s fraudulent use or misuse of information submitted by you.
You affirm that the information that you provide about yourself as requested in the KIBOKO CAFE account registration form is accurate and complete, and you agree to update your account information, as necessary, including providing KIBOKO CAFE with your current email address, so that you may receive notifications and other account-related communications.
Ownership of the Kiboko Cafe Services
Except for the User Generated Content, the KIBOKO CAFE Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by KIBOKO CAFE or its licensors. You acknowledge that the KIBOKO CAFE Services contain KIBOKO CAFE’S intellectual property and proprietary information.
All of the graphics, diagrams, and reports on this web, with the information that appears in them, and that have been transferred by third parties, are the property of their authors and are protected by the rights of copyright and the Law of intellectual property.
“KIBOKO CAFE” and the domain www.kibokocafe.com and www.kibokocafe.es are legally protected trademarks owned by CAFE HIPPO, S.L. Being a user of www.kibokocafe.com does not give the user the right to use the trademarks, logos or any other signs that distinguish or identify KIBOKO CAFE, nor assume any ownership of these rights.
You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the KIBOKO CAFE Services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use.
All rights in the KIBOKO CAFE Services not expressly granted to you by KIBOKO CAFE are retained by KIBOKO CAFE and its licensors.
If you violate any of these Terms of Service, your permission to use the KIBOKO CAFE Services automatically terminates and you must immediately destroy any copies you have made of any portion of the KIBOKO CAFE Products or Services.
You agree that any materials posted by you shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses required to allow the posting of any content posted by You.
If you feel that any content posted on the KIBOKO CAFE Services infringes your copyrights or other intellectual property rights, please notify us by sending an email to email@example.com.
User Indemnification of Kiboko Cafe
Upon request by us, you agree to defend, indemnify and hold KIBOKO CAFE and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the KIBOKO CAFE Services, including any User Generated Content you post, store, reproduce, display, or distribute via the KIBOKO CAFE Services; (b) your violation of the Terms of Service; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the KIBOKO CAFE Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.
If we determine that any user is not using the KIBOKO CAFE Services responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user’s transmissions, User Generated Content, or use of the KIBOKO CAFE Services.
Changes to Kiboko Cafe Services
KIBOKO CAFE may change or discontinue, temporarily or permanently, any feature or component of the KIBOKO CAFE Services at any time without further notice. You agree that KIBOKO CAFE shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the KIBOKO CAFE Services.
Links to Third Party Websites
The KIBOKO CAFE Services may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our KIBOKO CAFE Services does not imply approval or endorsement of the linked website by us. If you decide to leave our KIBOKO CAFE Services and access these third party websites, you do so at your own risk. KIBOKO CAFE suggests that you read the Terms of Service and Privacy Policies (if any) on those third party websites. You agree that KIBOKO CAFE has no liability for any damage or loss of any type that is a result of your use of a third party website.
Content and Warranty Disclaimer
THE WEBSITE IS PROVIDED BY KIBOKO CAFE “AS IS.” NEITHER KIBOKO CAFE NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE.
IN ADDITION, KIBOKO CAFE AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT. FURTHERMORE, KIBOKO CAFE DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL KIBOKO CAFE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT KIBOKO CAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF KIBOKO CAFE, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO 100€. KIBOKO CAFE‘S AFFILIATES, PROVIDERS, AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THIS WEBSITE.
In some locations applicable law may not ALLOW certain of the limitations described above, in which case such limitations may not apply to you.
The Terms of Service and the resolution of any dispute related to the Terms of Service or the KIBOKO CAFE Services shall be governed by and construed in accordance with the laws of the Spain without respect to its conflict of laws principles. You shall bring any legal action or proceeding against KIBOKO CAFE related to the KIBOKO CAFE Services exclusively in a court of competent jurisdiction sitting in Barcelona, Spain, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Service is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. KIBOKO CAFE’s failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by KIBOKO CAFE in writing. These terms and conditions constitute the entire agreement between you and KIBOKO CAFE with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.
Terms Specifically Related to Payments
Payment: You permit KIBOKO CAFE to charge the cost of products or services credit card when requested by you. We use a third party credit card payment processor to process all payments.
Refund Policy: If you are not completely satisfied with the products you ordered, you may request upon the devolution of non-consumable products in writing within 15 days of such change and KIBOKO CAFE will refund amount of the goods excluding the cost of delivery and fees. Please note that we do not accept refund for consumable products given hygiene and safety concerns. You may contact us at firstname.lastname@example.org.
Representations, Warranties and Covenants: You represent, warrant, and covenant that (a) the membership and credit card information that you supply is true, correct and complete, (b) you will pay any charges that you incur in connection with the Products or Service, including any applicable taxes, (c) you will update your membership and credit card information as required, (d) you will not allow anyone else to use your membership, (e) you will not transfer your membership or password to anyone else and (f) you will report to us any unauthorized or prohibited use of your membership or this Site.
Amendment: Subject to the termination and refund rights above, you agree that KIBOKO CAFE reserves the right to amend the Service and the terms associated therewith at any time and for any reason. Any changes may be posted to the Site or sent to you by email.
Date of last update: August 21, 2018