CafeScribe

CaféScribe Terms of Service

Introduction; Your Agreement to these Terms of Service.

Welcome to the Fourteen40, Inc. (“Fourteen40”) web site and online services (the “CaféScribe Site”).  The following Terms of Service for the CaféScribe Site is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age (“You”), and Fourteen40 regarding your use of the CaféScribe Site. Visitors and users of the CaféScribe Site are referred to individually as "User" and collectively as "Users".
The services hereunder are offered by Fourteen40, Inc., located at: 5320 South 900 East, Suite 220 Salt Lake City, UT 84117 and email: This email address is being protected from spam bots, you need Javascript enabled to view it .

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE.  BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE CAFÉSCRIBE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”).

1. Eligibility. THE CAFÉSCRIBE SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE CAFÉSCRIBE SITE BY FOURTEEN40.  By clicking the “I Agree” button or by otherwise using the CaféScribe Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the CaféScribe Site by Fourteen40.

2. Privacy Notice.  Your privacy is important to Fourteen40.  Fourteen40’s Privacy Notice is hereby incorporated into these Terms by reference.  Please read this notice carefully for information relating to Fourteen40’s collection, use, and disclosure of your personal information.

3. Individual Features and Services.  When using the CaféScribe Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”).  All such Guidelines are hereby incorporated by reference into these Terms.

4. Modification of these Terms.  Fourteen40 reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time.  Please check these Terms and any Guidelines periodically for changes.  Your continued use of the CaféScribe Site after the posting of changes constitutes your binding acceptance of such changes.  For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the CaféScribe Site.

5. Software and Content Downloads.  Fourteen40 and its licensors may make certain software and other content available to You for download (for a fee or otherwise) from the CaféScribe Site. All such software or other content that You download shall be subject to the terms and conditions included with such software or content or otherwise presented to You at the time of download.

6. User Postings License Grant; Representations and Warranties. 

6.1 User Postings Generally.  Fourteen40 may now or in the future permit the posting by You and other users of notes, written works, images and videos or other communications (collectively, "User Postings") and the hosting, sharing, and/or publishing of such User Postings. You understand that whether or not such User Postings are published, Fourteen40 does not guarantee any confidentiality with respect to any submissions.

6.2 Limited License Grant to Fourteen40.  By submitting or distributing User Postings through the CaféScribe Site, You hereby grant to Fourteen40 a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute and re-distribute, and otherwise exploit your User Postings, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).

6.3 Limited License Grant to Other CaféScribe Users.  By submitting or distributing User Postings through the CaféScribe Site, You hereby grant to each User of the CaféScribe Site a non-exclusive license to access and use your User Postings. The foregoing license granted by You terminates as to a specific User Posting once You remove or delete such User Posting from the CaféScribe Site provided, however, that User rights to such User Posting arising out of distributions occurring on or prior to deletion of such User Posting from the CaféScribe Site survive any termination or expiration of the license granted in this Section 6.3.

6.4 User Postings Representations and Warranties.  You are solely responsible for your User Postings and the consequences of posting or publishing them. By uploading and publishing your User Postings, You affirm, represent, and warrant that:  (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Fourteen40 and Fourteen40’s Users to use and distribute your User Postings as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by Fourteen40 and this Terms of Service; (2) your User Postings do not and will not:  (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your User Postings do not contain any viruses, adware, spyware, worms, or other malicious code.  VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY.  FOURTEEN40 RESERVES ALL RIGHTS AND REMEDIES AGAINST ANY USER WHO VIOLATES THIS TERMS OF SERVICE.

6.5 User Postings Disclaimer.  You understand that when using the CaféScribe Site You will be exposed to User Postings from a variety of sources, and that Fourteen40 is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Postings.  You further understand and acknowledge that You may be exposed to User Postings that are inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Fourteen40 with respect thereto.  Fourteen40 does not endorse any User Postings or any opinion, recommendation or advice expressed therein, and Fourteen40 expressly disclaims any and all liability in connection with User Postings.  If notified by a User or a content owner of a User Posting that allegedly does not conform to this Terms of Service, Fourteen40 may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.  For clarity, Fourteen40 does not permit copyright infringing activities on the CaféScribe Site.

7. Digital Millennium Copyright Act..  It is Fourteen40’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Fourteen40’s DMCA Notification Guidelines. Fourteen40 will promptly terminate without notice any your access to the CaféScribe Site if You are determined by Fourteen40 to be a “repeat infringer.” A repeat infringer is a User who has been notified by Fourteen40 of infringing activity violations more than twice and/or who has had a User Posting or any other user-submitted content removed from the CaféScribe Site more than twice.

8. Prohibited Conduct.
BY USING THE CAFÉSCRIBE SITE YOU AGREE NOT TO:

8.1 use the CaféScribe Site for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the CaféScribe Site as such services are offered by Fourteen40;

8.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 12, below);

8.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Postings or other content;

8.4 post, upload, or distribute any User Postings or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the CaféScribe Site accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the CaféScribe Site, or perform any other similar fraudulent activity;

8.6 delete the copyright or other proprietary rights on the CaféScribe Site or User Postings;

8.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the CaféScribe Site.  This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

8.8 use the CaféScribe Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

8.9 defame, harass, abuse, threaten or defraud Users of the CaféScribe Site, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the CaféScribe Site for any commercial use, it being understood that the CaféScribe Site is for personal, non-commercial use only;

8.10 use the CaféScribe Site if You are under the age of 18 years old;

8.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the CaféScribe Site or User Postings, features that prevent or restrict use or copying of any content accessible through the CaféScribe Site, or features that enforce limitations on the use of the CaféScribe Site or User Postings;

8.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the CaféScribe Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

8.13 modify, adapt, translate or create derivative works based upon the CaféScribe Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or

8.14 intentionally interfere with or damage operation of the CaféScribe Site or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

9. Account. When You use the CaféScribe Site to upload and/or download or purchase content or any products, services, or information from Fourteen40, You may be asked to provide a password.  You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password.  You agree that the information You provide to Fourteen40 on registration and at all other times will be true, accurate, current, and complete.  You also agree that You will ensure that this information is kept accurate and up-to-date at all times.  If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Fourteen40.  You may be liable for the losses incurred by Fourteen40 or others due to any unauthorized use of your CaféScribe Site account.

10. Third-Party Sites, Products and Services; Links.  The CaféScribe Site may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”).  Fourteen40 does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites.  In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the CaféScribe Site are solely between You and such advertiser.  ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.

11. Termination; Terms of Service Violations. 

11.1 Fourteen40. You agree that Fourteen40, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Fourteen40 or your use of the CaféScribe Site and remove and discard all or any part of your account, User profile, and any User Posting, at any time.  Fourteen40 may also in its sole discretion and at any time discontinue providing access to the CaféScribe Site, or any part thereof, with or without notice.  You agree that any termination of your access to the CaféScribe Site or any account You may have or portion thereof may be effected without prior notice, and You agree that Fourteen40 will not be liable to You or any third party for any such termination.  Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.  These remedies are in addition to any other remedies Fourteen40 may have at law or in equity.  As discussed herein, Fourteen40 does not permit copyright infringing activities on the CaféScribe Site, and will terminate access to the CaféScribe Site, and remove all User Postings or other content submitted by any Users who are found to be repeat infringers.

11.2 You. Your only remedy with respect to any dissatisfaction with (i) the CaféScribe Site, (ii) any term of these Terms of Service, (iii) Guildelines, (iv) any policy or practice of Fourteen40 in operating the CaféScribe Site, or (v) any content or information transmitted through the CaféScribe Site, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by deleting your account with the CaféScribe Site and discontinuing use of any and all parts of the CaféScribe Site.

12. Ownership; Proprietary Rights.  The CaféScribe Site is owned and operated by Fourteen40.  The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the CaféScribe Site provided by Fourteen40 (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.  Except for any User Postings that are provided and owned by Users, all Materials contained on the CaféScribe Site are the property of Fourteen40 or its subsidiaries or affiliated companies and/or third-party licensors.  All trademarks, service marks, and trade names are proprietary to Fourteen40 or its affiliates and/or third-party licensors.  Except as expressly authorized by Fourteen40, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Fourteen40 reserves all rights not expressly granted in this Terms of Service.

13. Indemnification.  You agree to indemnify, save, and hold Fourteen40, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the CaféScribe Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein.  Fourteen40 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Fourteen40, and You agree to cooperate with Fourteen40’s defense of these claims.  Fourteen40 will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

14. Disclaimers; No Warranties. 

14.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FOURTEEN40, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOURTEEN40 OR THROUGH THE CAFÉSCRIBE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 14 THE TERM FOURTEEN40 INCLUDES FOURTEEN40’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

14.2 “As is” and “As available” and “With All Faults”. YOU EXPRESSLY AGREE THAT USE OF THE CAFÉSCRIBE SITE IS AT YOUR SOLE RISK. THE CAFÉSCRIBE SITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER SUBMISSIONS, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CAFÉSCRIBE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. 

14.3 Content. FOURTEEN40, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER SUBMISSIONS, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE CAFÉSCRIBE SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. 

14.4 Accuracy. FOURTEEN40, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CAFÉSCRIBE SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 

14.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE CAFÉSCRIBE SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPRERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

15. Limitation of Liability and Damages.

15.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FOURTEEN40 OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE CAFÉSCRIBE SITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH FOURTEEN40, EVEN IF FOURTEEN40 OR AN FOURTEEN40 AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH CASES, FOURTEEN40’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15.2 Limitation of Damages. IN NO EVENT WILL FOURTEEN40 OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE CAFÉSCRIBE SITE OR YOUR INTERACTION WITH OTHER CAFÉSCRIBE SITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE CAFÉSCRIBE SITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

15.3 Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN FOURTEEN40 AND RECEIVED THROUGH OR ADVERTISED ON THE CAFÉSCRIBE SITE OR RECEIVED THROUGH ANY REFERENCE SITES.

15.4 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT FOURTEEN40 HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FOURTEEN40, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FOURTEEN40. FOURTEEN40 WOULD NOT BE ABLE TO PROVIDE THE CAFÉSCRIBE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

15.5 Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

15.6 Consumer End Users (Outside of the USA). This Section 15.6 applies only to Users residing and using the CaféScribe Site outside of the United States. The limitations or exclusions of warranties and liability contained in this Terms of Service do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods for solely personal use otherwise than in the course of business outside of the U.S.A. The limitations or exclusions of warranties, remedies or liability contained in this Terms of Service apply to You to only the extent such limitations or exclusions are permitted under the laws of the jurisdiction where You are located.

16. Miscellaneous.

16.1 Notice.  Fourteen40 may provide You with notices, including those regarding changes to there Terms of Service, by email, regular mail or postings on the CaféScribe Site.  Notice will be deemed given twenty-four hours after email is sent, unless Fourteen40 is notified that the email address is invalid.  Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the CaféScribe Site.  In such case, notice will be deemed given three days after the date of mailing.  Notice posted on the CaféScribe Site is deemed given 30 days following the initial posting.

16.2 Waiver.  The failure of Fourteen40 to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Fourteen40.

16.3 Governing Law.  These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

16.4 Arbitration. For Users residing outside the United States of America and using the CaféScribe Site in another territory, Section 16.5 (Jurisdiction) does not apply and this Section 16.4 applies to you. Any dispute or claim arising out of or in connection with these Terms or your use of the Fourteen40 Services shall be finally settled by binding arbitration in San Francisco, California under the Rules of Arbitration of the International Chamber of Commerce by three arbitrator(s) appointed in accordance with said rules; judgment on the award rendered by these arbitrators may be entered in any court having jurisdiction thereof. The parties agree that this arbitration is the exclusive remedy for any disputes.

16.5 Jurisdiction. For Users residing inside the United States of America and using the CaféScribe Site in the United States, Section 16.4 (Arbitration) does not apply and this Section 16.5 applies to you. You agree that any action at law or in equity arising out of or relating to these Terms or Fourteen40 will be filed only in the state or federal courts in and for San Francisco County, California, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. 

16.6 Severability.  If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

16.7 Assignment.  These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fourteen40 without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

16.8 Survival.  Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6 through 16.

16.9 Headings.  The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

16.10 Entire Agreement.  These Terms, the Privacy Policy and Guidelines constitute the entire agreement between You and Fourteen40 relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms, Privacy Policy or Guidelines made by Fourteen40 as set forth in Section 4 above.

16.11 Claims.  YOU AND FOURTEEN40 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CAFÉSCRIBE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16.12 Disclosures.  The services hereunder are offered by Fourteen40, Inc., 5320 South 900 East, Suite 220 Salt Lake City, UT 84117 and email:  This email address is being protected from spam bots, you need Javascript enabled to view it .  If You are a California resident, You may have this same information emailed to You by sending a letter to the foregoing address with your email address and a request for this information.

---