Terms of ServiceTERMS OF SERVICEThese Terms of Service (the "Agreement") set forth the terms and conditions that apply to your use of the Web sites located at http://www.lamarzocco.com/club/ and the services and materials offered thereon (the "Service") which are offered to you by La Marzocco Club. (referred to herein as "La Marzocco Club"). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this Agreement, please discontinue your use of the Service.1. Restrictions on UseThe Service is a computer online service. It is accessible to you through a personal computer, or other access device at http://www.lamarzocco.com/club/ (the "La Marzocco Club Sites") using a communications connection (e.g., modem and telephone line). As part of the Service, you will be provided with services that may include information, editorial content, chat rooms, links to other Web sites and other computer services that La Marzocco Club may decide to offer, subject to the terms hereof. La Marzocco Club may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to,i. restricting the time of availability,ii. restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), ii. restricting the amount of use permitted, and iv. restricting or terminating any User's right to use all or part of the Service, at any time in La Marzocco Club's sole discretion and without prior notice or liability. The Service is owned and operated by La Marzocco Club and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by La Marzocco Club and other sources. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Service, including but not limited to code and software ("Material").You may, however, download Material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use if the Service in general.In the event that you download Material from the Service, such Material is licensed to you by La Marzocco Club and La Marzocco Club does not transfer title to any such Material to you.2. Membership Rules and Guidelines ◦ a. Registration ◦ Should La Marzocco Club choose to provide member based services, when you register to use these Services, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if La Marzocco Club suspects that your information is untrue or inaccurate, not current, or incomplete, La Marzocco Club may, in its sole discretion, suspend or terminate your membership and refuse current or future access to the Service. Any personal information supplied hereunder will be subject to the terms of our privacy policy. Children under the age of 13 may not register with La Marzocco Club. The Service is currently provided for free. La Marzocco Club reserves the right to change the nature of this relationship at any time. ◦ b. Passwords ◦ Should La Marzocco Club provide to you a password that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify La Marzocco Club of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Service at the end of each session to prevent fraud on your account by third parties. ◦ c. General ◦ La Marzocco Club may choose to send you e-mail newsletters on a variety of topics - for example, informing you of membership benefits and features, letting you know of problems with the site or with services offered by La Marzocco Club, or presenting you with the opportunity to buy selected products and services. You may elect during registration not to receive these e-mail newsletters, and you may start or stop receiving such e-mail newsletters at any time by sending an e-mail to an address that shall be designated for that purpose. With your permission, La Marzocco Club may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may elect during registration to receive these e-mails, and you may start or stop receiving such e-mails at any time by sending an e-mail to an account that shall be designated for that purpose. ◦ d. Rules for Use of the Service ▪ 1. Conduct Required for Use of the Service ▪ It is a condition of your use of the Service that you do not: ▪ i. restrict or inhibit any other user from using and enjoying the Service; ▪ ii. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting Nudity as herein defined and as determined by La Marzocco Club in its sole discretion; ▪ iii. post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments as determined by La Marzocco Club in its sole discretion, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms or trojan horses; ▪ iv. post or transmit any information, software or other material that is fraudulent or violates or infringes the rights of others, including, without limitation,material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder, including, but not limited to WAREZ (copyrighted material distributed without permission); ▪ v. post or transmit any information, software or other material that contains a virus or other harmful component; ▪ vi. post or transmit content that encourages or provides instructional activities about illegal activities, including, but without limitation, hacking, cracking or phreaking; ▪ vii. post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail," "spam," or "chain letters"; ▪ viii. solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; ▪ ix. impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; ▪ x. resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database; ▪ xi. use the Service to collect personally identifying information about users of the Service in violation of our Privacy Policy; ▪ xii. disguise a file type to thwart La Marzocco Club's detection processes; ▪ xiii. post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; ▪ xiv. submit to the Live Directory multiple web sites with different URLs that re-direct a user to one web page; ▪ xv. submit to Live Directory more than one URL for a single category; ▪ xvi. update Live Directory listings with intent to distort or misrepresent them, including but not limited to changing titles of the entries, descriptions of the entries, URLs, or keywords, or ▪ xvii. attempt to gain unauthorized access to other computer systems or networks connected to the Service. ▪ For the purposes of this Agreement, "Nudity" shall include, without limitation, images depicting persons with unclothed genitalia or persons wearing transparent clothing over genitalia and shall be determined in La Marzocco Club's sole discretion. You agree that you will not use the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. La Marzocco Club, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section. ◦ e. Monitoring ◦ La Marzocco Club has no obligation to monitor the use of the Service by members. You acknowledge and agree that La Marzocco Club reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Service constitutes consent to such monitoring. Furthermore, La Marzocco Club reserves the right at all times to disclose any information posted on any portion of the Service as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in La Marzocco Club's sole and absolute discretion are objectionable or in violation of this Agreement. ◦ f. Personal Safety. ◦ When using the Service, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.3. User ContentThe term "Content" shall include any materials or information submitted by you, including, without limitation, your name, likeness, videos, photographs, recordings, writings, statements, audio materials, audiovisual materials, ideas or other material furnished by you to La Marzocco Club through the website or otherwise. ◦ In addition to all of the legal and equitable rights and remedies available to La Marzocco Club in connection with these terms or your Content, you acknowledge and agree that La Marzocco Club shall have the right, in its sole discretion, not to post the Content on any website, to remove the Content from any website on which it has been posted, and not to use, exhibit or otherwise exploit your Content in any manner whatsoever. Furthermore, La Marzocco Club shall have the right to suspend or terminate your access to any La Marzocco Club or related website and refuse to grant you access to use any La Marzocco Club or related website in the future with or without warning if La Marzocco Club, in its sole discretion, believes you have: (i) violated or tried to violate the rights of La Marzocco Club; or (ii) violated or tried to violate any of the representations, warranties or other terms or conditions of this Agreement; or (iii) acted inconsistently with any of the terms or conditions of this Agreement. La Marzocco Club has no obligation to inform you of any decision not to post, to remove, or not to use, exhibit or otherwise exploit your Content.4. Content on the Service.Communications and Content posted through the Service are provided by users such as you who are unaffiliated with La Marzocco Club, and the user providing each such Communication or Content is solely responsible for the content thereof. This means that you, and not La Marzocco Club, are entirely responsible for all Content and Communications that you upload, post, email or otherwise transmit via the Service. In using the Service or receiving e-mail messages from members through the Service, you should not assume that such messages have been reviewed by La Marzocco Club, that such Communications contain correct information, or that the persons posting such Content and Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to Content and Communications that are offensive, indecent, or objectionable. Under no circumstances will La Marzocco Club be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Content or Communication, or for any loss or damage of any kind incurred as a result of the use of any Content or Communication posted, e-mailed, or otherwise transmitted via the Service.5. Rules for Chat rooms, Message Boards, and Other User-Supplied MaterialPortions of this Site provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post" or "Postings"). Postings do not reflect the views of La Marzocco Club, and La Marzocco Club does not have any obligation to monitor, edit or screen any Postings, but may do so in its sole discretion. Notwithstanding anything else in these Rules of Conduct, La Marzocco Club should not be seen as endorsing any Post in any way. Neither La Marzocco Club nor its parent company, its respective officers, directors, and employees, subsidiaries and/or affiliates shall be liable for any Posting that is in violation of this agreement.You acknowledge that anything you submit to an La Marzocco Club Site by way of any Posting is routed through La Marzocco Club's servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Posting and features on La Marzocco Club Sites are postings for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. (Users under the age of 18 should be especially careful not to provide any personally identifying information while using chat rooms or message boards. As set forth in La Marzocco Club's Terms and Conditions of use, users of chat rooms and message boards must follow acceptable standards of behavior when posting messages online.) If a Posting originates from you or your account, you hereby agree not to post any materials thata. interfere with anyone else's use of the Site; b. are abusive, illegal, defamatory, libelous, indecent, obscene, offensive, or threatening in any way; c. encourage anyone to break the law; d. violate anyone's copyright, trademark or other property right; e. interfere with the privacy of any other user; f. contain a virus or any other harmful component; or g. contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this Site or any subsite within the website.The message boards provided on the La Marzocco Club Site are for the purpose of exchanging views and information about television programming. 6. La Marzocco Club reserves the right to terminate the account or suspend the posting privileges of anyone who Posts materials unrelated to these topics. You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although La Marzocco Club may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Site, La Marzocco Club is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. La Marzocco Club may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate La Marzocco Club's policies in any way. Further, La Marzocco Club reserves the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so. La Marzocco Club will fully cooperate with any law enforcement authorities or court order requesting or directing La Marzocco Club to disclose the identity of anyone posting such materials. 7. DisclaimersLa Marzocco Club is not responsible for any incorrect or inaccurate Content posted on the La Marzocco Club Website or in connection with the La Marzocco Club, whether caused by Users of the La Marzocco Club or by any of the equipment or programming associated with or utilized in the La Marzocco Club. Profiles created and posted by Members on the La Marzocco Club Website may contain links to other websites. La Marzocco Club is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by La Marzocco Club. Inclusion of any linked website on the La Marzocco Club does not imply approval or endorsement of the linked website by La Marzocco Club. When you access these third-party sites, you do so at your own risk. La Marzocco Club takes no responsibility for third party advertisements which are posted on the La Marzocco Club Website, nor does it take any responsibility for the goods or services provided by its advertisers. La Marzocco Club is not responsible for the conduct, whether online or offline, of any User of the La Marzocco Club. La Marzocco Club 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, any User or Member communication. La Marzocco Club 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 any email or players due to technical problems or traffic congestion on the Internet or on any of the La Marzocco Club Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the La Marzocco Club. Under no circumstances shall La Marzocco Club be responsible for any loss or damage, including personal injury or death, resulting from use of the La Marzocco Club Services, attendance at a La Marzocco Club event, from any Content posted on or through the La Marzocco Club Services, or from the conduct of any Users of the La Marzocco Club Services, whether online or offline. The La Marzocco Club Services are provided "AS-IS" and as available and La Marzocco Club expressly disclaims any warranty of fitness for a particular purpose or non-infringement. La Marzocco Club cannot guarantee and does not promise any specific results from use of the La Marzocco Club Services. 8. Limitation on Liability. IN NO EVENT SHALL La Marzocco Club BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF La Marzocco Club HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, La Marzocco Club'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO La Marzocco Club FOR THE La Marzocco Club SERVICES DURING THE TERM OF MEMBERSHIP. 9. IndemnificationYou agree to defend, indemnify and hold harmless La Marzocco Club, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any breach of any of the representation, warranties or other terms or conditions of the Content Requirements or any use of your Content or Personal Elements (d) any non-compliance by you with the terms and conditions of this Agreement; and (e) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service or your Content to the Service, including the information obtained through the Service. 10. TerminationLa Marzocco Club may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to La Marzocco Club of your intent to terminate this Agreement. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which La Marzocco Club may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to La Marzocco Club and its licensors. 11. TrademarksLa Marzocco Club and the La Marzocco Club logo are trademarks of La Marzocco, and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of La Marzocco or the owner of such trademark, service mark or trade name, except as explicitly permitted in Section 1 above. 12. MinorsIf you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to use the Service, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Service; and (c) the consequences of any use of the Service by such Minor. Children under the age of 13 may not register for any Service hereunder. At various places on the Service, we ask whether users are under the age of 18 or 13. La Marzocco Club relies on our users to be truthful in responding to these questions. If a user does not identify his/her proper age, we will have no way of verifying actual age with respect to our privacy policy.13. ModificationLa Marzocco Club reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions. 14. Member DisputesYou are solely responsible for any interaction with other members or visitors to the La Marzocco Club Sites. La Marzocco Club reserves the right but shall have no obligation to monitor disputes between you and any other member of the La Marzocco Club Sites.