Effective February 1, 2008
Updated February 1, 2008

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Acceptance of Terms
Rebels Cafe.com (the “Site”) is operated by Rebels Cafe (“Rebels Cafe”). The goal of the Rebels Cafe Site is to provide an educational, stimulating, and supportive online community for those with High IQs. You are required to agree to this Membership Agreement (“Agreement”) in order to use the Rebels Cafe Site. By using the Rebels Cafe Site, you hereby agree to the terms of this Agreement. This Agreement covers all aspects of the Rebels Cafe Site, including, without limitation, the homepage, conversation forums, bulletin boards, private messenger service, and email communications. Rebels Cafe may, in its sole discretion, modify or revise this Agreement at any time by updating this Web page, with or without advance notice to you. You are bound by any such modification or revision and, therefore, should visit this page periodically to review any changes. If any modification or revision is unacceptable to you, you agree to cancel your membership at Rebels Cafe and stop using the Rebels Cafe Site. By your continued use of the Rebels Cafe Site, you hereby accept all modifications or revisions to this Agreement as we may post here from time to time.

Your Member Name and Password
During the registration process, you will designate a member name and password for your account. You are responsible for all activities that occur under your member name and password, whether or not authorized by you, and for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account for the Rebels Cafe Site.

By registering with Rebels Cafe Site you hereby agree that you will not (i) establish more than one member name (even if the member names are created using different email addresses or for different purposes), (ii) provide incomplete or inaccurate registration information, (iii) fail to update your registration information if it changes, or (iv) select a member name or photo of yourself that is intended to mislead others about your identity or that infringes or otherwise violates a third party’s intellectual property, publicity, privacy or other rights.

Privacy
By using this Rebels Cafe Site, you expressly consent to Rebels Cafe’ disclosure and use of your personally identifiable information as described in our Privacy Policy, which is incorporated herein by reference.

Usage Rules
You agree that when using the Rebels Cafe Site, you will act in a manner consistent with the goals of the Rebels Cafe Site, and by way of example, and not as a limitation, you specifically agree that:

You will not, intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulation or law.

You will not post information on or download information from the Rebels Cafe Site unless you have all rights and authority necessary to do so.

You will not post any inappropriate, defamatory, foul, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or otherwise objectionable material or information to the Rebels Cafe Site, including but not limited to, text, graphics, audio, and video files.

You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort, or otherwise violate the legal rights (such as rights of privacy and publicity) of any visitor to the Rebels Cafe Site (“User”) or representative of Rebels Cafe. You may express your disagreement with someone’s point-of-view, but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited.

You will not impersonate another person or entity, including but not limited to, a Rebels Cafe representative, or communicate under a false name or a name that you are not entitled or authorized to use.

You will not post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or exhortations, or other similarly disruptive content.

You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Site.

You will not post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, Rebels Cafe servers, Rebels Cafe Services, Rebels Cafe software, or any areas of the Rebels Cafe Site not intended for your access.

You will not post, transmit, or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by Rebels Cafe for such purposes.

You will not harvest, mine or otherwise collect or store personal information about others, including, without limitation, email addresses and the content of User profiles.

Violation of any of the above may result in a warning, immediate termination of your account (with or without notice) and access to the Rebels Cafe Site, reporting of your conduct to authorities, or legal action, as may be appropriate in the sole discretion of Rebels Cafe. Rebels Cafe has no liability or responsibility to Users or any other person or entity for performance or nonperformance of the aforementioned activities. If you believe your account or access to the Site has been terminated in error, please contact us.

Public Areas & Message Boards
If you use a public area of the Site where Users are allowed to post communications or other content (“Public Area”), including, without limitation, you agree that you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Area. Rebels Cafe is not responsible for the consequences of any communications in the Public Areas. Rebels Cafe attempts to create a safe and supportive environment for all individuals by taking measures to prevent offensive behavior. However, Rebels Cafe cannot and does not monitor the Public Areas at all times and makes no guarantee with respect to your experience in such areas. Anyone who feels that a posted message or image is objectionable is encouraged to notify Rebels Cafe immediately. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

Rebels Cafe reserves the right (but is not obligated) to, without limitation: (a) record the communications in Public Areas; (b) investigate any allegation that a communication does not conform to the terms of this Agreement and determine in its sole discretion to remove or request the removal of the communication; (c) remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with the guidelines in Section 5 above or otherwise with this Agreement; (d) monitor, edit, or disclose any communication in the Public Areas; and/or (e) edit or delete any communication posted on the Site, regardless of whether such communications violates these standards, each in Rebels Cafe’s sole discretion.

Site Content
Content of the Rebels Cafe Site is protected by copyright and other United States and foreign intellectual property and related laws. The Content includes both material owned or controlled by Rebels Cafe and material owned or controlled by third parties and licensed to Rebels Cafe.

Rebels Cafe authorizes you to view and download a single copy of the Content on the Site solely for your personal, non-commercial use provided that you do not modify or remove any copyright or other proprietary rights notices that are contained in the Content. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the written permission of Rebels Cafe. Any special rules for the use of certain software and other Content accessible on the Rebels Cafe Site may be included elsewhere within the Rebels Cafe Site and are incorporated into this Agreement by reference.

Except for Content you post to Rebels Cafe, which is subject to Section 9 below, title to all Content remains with Rebels Cafe or the third party owners of such Content. Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved by Rebels Cafe.

Copyright Notification
Rebels Cafe does not permit copyright infringing activities and other infringement of intellectual property rights on its Rebels Cafe Site, and Rebels Cafe will remove all Content and User postings if properly notified that such Content or User postings infringe on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any User posting or other Content in any Public Area of the Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact Rebels Cafe’ designated Copyright Agent to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Rebels Cafe. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.

Submitted User Content
Rebels Cafe allows you to post a variety of information, text, images and other content to Rebels Cafe (“User Content”), such as articles, ratings and reviews about products and services and information about yourself for your profile page. You agree to exercise caution in posting any User Content that contains information about yourself. You acknowledge that User Content may be viewed by other Users for purposes you may not have intended. See our Privacy Policy for details.

Rebels Cafe also invites you to submit User Content consisting of original artwork, photography, writing and other forms of creative expression (collectively, “User Content”) to Rebels Cafe for potential posting. Rebels Cafe reserves the right to determine whether to post any User Content submitted by Users in any area, and to remove any such User Content from any area, at any time in its sole discretion. You shall at all times retain all right, title and interest in and to any User Content that you submit subject to the nonexclusive rights and licenses granted to Rebels Cafe in this Section 9.

By submitting User Content to Rebels Cafe, you (a) represent and warrant that you have all rights and authority necessary to post such content (including, without limitation, proper model releases for any identifiable subjects of such User Content and the right to post any link to any other Web site), (b) automatically grant (or warrant that the owner of such content or intellectual property has expressly granted) Rebels Cafe an irrevocable, royalty-free, perpetual, transferable and worldwide right and nonexclusive license to use, copy, modify, adapt, publish, edit, translate, create derivative works from, sell and distribute such content or incorporate such User Content into any form, medium or technology, without compensation to you or anyone else, subject only to the Rebels Cafe Privacy Policy, (c) automatically grant Rebels Cafe an irrevocable, perpetual, transferable and worldwide right and nonexclusive license to modify or edit any User Content that you submit for the limited purposes of optimizing the appearance of such User Content on the Site and/or correcting any apparent typographical errors. If you are dissatisfied for any reason with any modifications or edits that Rebels Cafe has made to submitted User Content, please contact us. You agree that your sole remedy in such event is to request removal of your User Content from the Site.

If you choose to submit User Content for potential posting, you must provide Rebels Cafe with accurate information regarding the title of your artwork/piece, the copyright date desired and the author’s name as you would like it to appear on the Site. Rebels Cafe will display such information with your artwork/piece should Rebels Cafe select your User Content for posting. Rebels Cafe may decide to display any additional information that you submit with your User Content, such as the image’s description, your artist biography or statement, or your photograph, in its sole discretion. You should notify Rebels Cafe in writing if you do not wish such information to be displayed on the Rebels Cafe Site. You agree to exercise caution in deciding what information to provide in connection with your User Content, including whether to provide your real name, professional alias, or username for display in connection with your User Content.

By submitting User Content, you represent and warrant that such submission is non-confidential for all purposes. If you wish to keep any business information, ideas, concepts, inventions or other information private or proprietary, do not post them to the Site. Please do not post any link to any third-party Web site unless you have permission from the owner of such Web site do so.

Copyright
Rebels Cafe and the Rebels Cafe logo and other Rebels Cafe product and service names are copyright of Rebels Cafe.. You agree not to display, reproduce or otherwise use in any manner the Rebels Cafe logo or content without Rebels Cafe’ prior written permission.

Linking Policy
Rebels Cafe permits you to link to the Rebels Cafe Site for personal, noncommercial purposes only upon providing written notice to us. You may link to the Rebels Cafe Site by using the words “Rebels Cafe” with an active link to the Site or by displaying the full Web address for the Rebels Cafe Site or Web page therein (e.g., “www.Rebels Cafe.com”). You may also use one of the image links provided by Rebels Cafe. You may not create a link from a Web site that has obscene, profane, violent or otherwise objectionable material. Rebels Cafe reserves the right to request that any link to the Rebels Cafe Site be removed immediately, with or without cause, in its sole discretion.

Third-Party Links and Other Resources
Rebels Cafe may provide links to third-party Web sites or references to other resources on the Rebels Cafe Site. Rebels Cafe has no control over or responsibility for such Web sites and other resources. You hereby agree that Rebels Cafe is not responsible for the availability of such external Web 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, or the privacy policies or other policies of, such Web sites or other resources. Rebels Cafe provides these links and references to you only as a convenience, and inclusion of any link or reference does not imply endorsement of the Web site or other resource.

Rated Resources and Member Opinion
The opinions, ratings and reviews of resources, products and services found in the Rebels Cafe Site’s reflect only the personal opinions of the individual members who submit those opinions. Rebels Cafe does not endorse any product or service on this listing except where specifically noted. You agree that Rebels Cafe is not liable for any damages incurred as a result of these opinions. Your interactions with persons or entities found on or through Rebels Cafe, including, without limitation, 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. By using the Rebels Cafe site and it's functions, you agree that Rebels Cafe shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

Rebels Cafe Paid Services
If you choose to subscribe to one of Rebels Cafe’ paid services, the following additional Terms and Conditions will apply.
You are responsible for providing a valid credit card number at the time you register for a Subscription Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Service account at the prices then in effect, including, without limitation, any unauthorized charges incurred prior to your notifying Rebels Cafe of such charges. Rebels Cafe reserves the right to change prices or institute new charges for any Subscription Service upon notice to you at the email address you have provided to us.

Rebels Cafe may modify or change the benefits offered to subscribers of paid services at any time in its discretion, with or without notice to you.

MEMBERSHIP TERM AND PRICING: With the exception of trial memberships and special offers, your membership term is annual. Unless specified otherwise on the Rebels Cafe Site, membership is automatically renewed following the initial term on an annual basis until notice of cancellation is received from you by Rebels Cafe. You are responsible for all renewal fees until notice of cancellation is received from you by Rebels Cafe. Membership fees will not be refunded.

Disclaimer Of Warranties
Rebels Cafe Site and the Contents are provided on an “as is” basis. Rebels Cafe , to the fullest extent permitted by law, disclaims all warranties, either express or implied, statutory or otherwise, including, without limitation, the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. Without limiting the foregoing, Rebels Cafe makes no representations or warranties with respect to (i) the accuracy, reliability, completeness, availability or timeliness of the Rebels Cafe Content, software, links, or other materials or services provided on or through the use of the Site or (ii) any prizes or other benefits obtained in connection with any contests, promotions or like events on the Rebels Cafe Site.

Without limiting the foregoing, Rebels Cafe does not recommend or endorse any specific opinions, resources, or other information that may appear on the Rebels Cafe Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, statement or other Content posted on the Rebels Cafe Site. Reliance on any information provided by Rebels Cafe, Rebels Cafe employees, persons providing information on the Rebels Cafe Site at the invitation of Rebels Cafe, or other Users is solely at your own risk.

Limitation of Liability
In no event shall Rebels Cafe, its suppliers, or any third parties mentioned on the Rebels Cafe Site be liable for any direct, indirect, special, punitive, incidental, consequential, or exemplary damages (including, without limitation, negligence, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption), even if Rebels Cafe has been advised of the possibility of such damages, resulting from (i) the use of or inability to use the Rebels Cafe Site, (ii) the cost of procurement of substitute goods and services, (iii) unauthorized access to or alteration of your account by anyone other than Rebels Cafe, (iv) statements or conduct of any third party on the Rebels Cafe Site, (v) the use of any prizes or other benefits obtained in connection with any contests, promotions or like events on the Rebels Cafe Site, or (vi) any other matter arising out of or in connection with the Rebels Cafe Site, its services or this Agreement.

In the event that you are in a jurisdiction that does not allow the exclusion of implied warranties or that does not allow the limitation or exclusion of liability, the total liability of Rebels Cafe, if any, shall be limited to the amount paid by you to access or use the Rebels Cafe Site. Rebels Cafe shall not be liable under any theory of indemnity.

Indemnity
You agree to indemnify and hold Rebels Cafe, and our subsidiaries, affiliates, employees, officers, directors, agents, licensees or other partners, harmless from and against any claim, demand, losses or other liability, including, without limitation, reasonable attorneys’ fees and expenses, arising out of Content (including Artwork) you submit, post to or transmit through or for posting on the Rebels Cafe Site, your use of the Rebels Cafe Site, your connection to the Rebels Cafe Site, your violation of this Agreement, the receipt of any prizes or other benefits obtained by you in connection with contests, promotions or like events on the Rebels Cafe Site, or your violation of any rights of another.

General
Rebels Cafe is based in the state of Florida, in the United States of America. Rebels Cafe makes no claims that the Rebels Cafe Site and the Content are appropriate or may be downloaded outside of the United States. Access to the Rebels Cafe Content may not be legal by certain persons or in certain countries. If you access the Rebels Cafe Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The Agreement and the relationship between you and Rebels Cafe shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Rebels Cafe agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Volusia, State of Florida, including, without limitation, any claim involving Rebels Cafe or its affiliates, employees, contractors, officers, directors, telecommunication providers, and content providers. The failure of Rebels Cafe to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You may not assign the Agreement or any of your rights or obligations under the Agreement without Rebels Cafe’ express written consent. The Agreement inures to the benefit of Rebels Cafe’ successors, assigns and licensees. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

By using the Rebels Cafe Site, you hereby agree to and accept the terms and conditions of this Agreement and the other policies posted to Rebels Cafe web site.