Last modified November 12, 2015
THE FOLLOWING TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS IN CONNECTION WITH YOUR USE OF THE CREMA.CO MARKETPLACE, SO PLEASE REVIEW THEM CAREFULLY. BY CONTINUING TO USE OR ACCESS THE CREMA.CO MARKETPLACE AFTER READING THESE TERMS, YOU ARE HEREBY EFFECTIVELY AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS, WHICH MAY BE UPDATED FROM TIME TO TIME. IF YOU ARE UNWILLING OR UNABLE TO ABIDE BY THESE TERMS, PLEASE LEAVE THE CREMA.CO MARKETPLACE IMMEDIATELY AND DISCONTINUE YOUR USE INSTANTLY.
Welcome to Crema.co, the online marketplace for single-origin coffee that allows You to explore specialty coffees from around the world, directly from the roasters of your choice. Crema.co is no ordinary subscription service as we provide You with the opportunity to create Your own Coffee Playlist, unique to Your own taste and with roasters selected solely by You.
By accessing or using Crema.co applications, tools and features, including our website, www.crema.co, (collectively, the “Crema.co Marketplace”), You are hereby agreeing that you have read, understood and agreed to the following Terms and Conditions (the “Terms” or the “Agreement”), which are legally binding as entered by and between You and Crema Co, a Delaware corporation with registered offices at 427 N Tatnall St #75130, Wilmington, DE 19801-2230 (“Crema.co”).
- “You” and “Your” shall refer to you, as a user and subscriber of Crema.co Marketplace.
- “User” and “Subscriber” means someone who accesses, browses, crawls, scrapes, subscribes or in any way uses Crema.co Marketplace.
- “We,” “Us,” “Our” and “Company” shall refer to Crema Co.
- “Roasters” or “Sellers” shall refer to the specialty coffee roasters who own and supply the products to Subscribers by and through Crema.co Marketplace.
- “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication.
- “Your Content” or “User Content” refers to the Content that You’ve submitted, transmitted, posted, or made available to Crema.co Marketplace through your account or otherwise.
- “Crema.co Content” means the Content that we’ve created and made available on Crema.co Marketplace.
- “Third Party Content” refers to the Content that originates from parties other than Crema.co or its Users in connection with Crema.co Marketplace.
- “Crema.co Marketplace Content” means all available Content on Crema.co Marketplace, including User Content, Crema.co Content, and Third Party Content.
- “Posting” and “publishing” mean uploading, posting, transmitting, sharing, storing, submitting or otherwise making available such information or Content on to Crema.co Marketplace.
2. CHANGES TO THE TERMS.
We reserve the right to modify Our Terms from time to time as applicable. Although such changes to the Agreement may occur unexpectedly, without any prior notice, the most current version of Our Terms will always be located on this page. When in doubt as to its timeliness, check the top of the page, which should indicate the last date of revision. All modifications to the Terms become effective and legally binding upon their posting onto Crema.co Marketplace. As such, it is Your responsibility to regularly visit this page to review these Terms. Please note that Your access and use of Crema.co Marketplace indicate Your acceptance of the effective Terms as of that time.
3. THE CREMA.CO MARKETPLACE.
3.1 Eligibility and Registration
Becoming a part of the Crema.co community is as easy as writing your name on a sign-up form, however, you must agree to be bound by this Agreement and be at least 18 years of age.
3.2 The Crema.co Account
To use certain features of Crema.co Marketplace, You are required to have a Crema.co account. As mentioned above in Section 3.1, the registration process is simple. However, You are responsible for maintaining the confidentiality and security of Your account log-in information, particularly your username and password. Also, You must keep Your account accurate, current and up to date at all times. At no time are You allowed to impersonate someone else, create or use an account for anyone other than Yourself, or register for multiple accounts. All activities related to Your account are Your sole responsibility. In the event of any unauthorized use, You must notify us immediately. Please be advised that regardless of the situation Crema.co reserves the right to close, disable or delete Your account for any or no reason, without notice or liability of any kind.
Crema.co has no ownership in the products of the Roasters, including but not limited to products offered through Crema.co Marketplace. Furthermore, Roasters provide all Content and information relating to their products and profile pages, and as such, this Content shall be considered strictly as Third Party Content under the terms and conditions of this Agreement. The timely fulfillment and quality of all orders placed by Users through Crema.co Marketplace are also the direct and sole responsibility of the Roasters. Any and all representations made by the Roasters, including but not limited to any certifications regarding organic production standards of the product and fair trade, are so claimed by Roasters, only, without any such further approval or corroboration by Crema.co.
CREMA.CO MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY CERTIFICATION, CONTENT OR PRODUCT THAT IS LISTED OR SHOWN ON THE CREMA.CO MARKETPLACE. ACCORDINGLY, CREMA.CO IS NOT LIABLE TO ANY USER OR SUBSCRIBER FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM HIS OR HER RELIANCE UPON SUCH THIRD PARTY CERTIFICATION, CONTENT OR PRODUCT. THE PURCHASE AND USE OF PRODUCTS AND SERVICES THROUGH CREMA.CO MARKETPLACE ARE SO OFFERED BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO COFFEE ROASTERS, AND THEREFORE, ALL USERS AND SUBSCRIBERS ACT AT THEIR OWN DISCRETION AND RISK.
3.4 Payment Processing
All payment processing shall be done by and through Stripe, Inc. (“Stripe”) on the anniversary of the selected frequency of delivery (e.g. if a User chose a monthly delivery, payment shall be processed on the one-month anniversary in perpetuity, until the User modifies the frequency, pauses their Coffee Playlist, or cancels their account.) To use Stripe’s services, and in turn Crema.co Marketplace, You must enter into and accept the terms and conditions of the Stripe Connected Account Agreement, located at www.stripe.com/connect/account-terms, and the Stripe Terms of Service, located at www.stripe.com/terms (collectively referred to as the “Stripe Services Agreement”). By accepting this Agreement, You hereby acknowledge and agree to be bound by the Stripe Services Agreement, as may be amended from time to time. As a condition of this Agreement, You agree to provide Crema.co with accurate and complete information about Yourself. You hereby authorize Crema.co to share with Stripe any transactional information related to and associated to the use of the payment processing services. Crema.co is not a party to the Stripe Services Agreement, and as such Crema.co has no obligations or liability to You under said Stripe Services Agreements. If You have any questions regarding payment processing, You should contact Stripe directly.
In the event You receive a defective product, You must contact us immediately, and in turn, we will notify the Roaster, who will replace the product at its sole expense, including any associated shipping fees and taxes (the “Return”). If You wish to return a product that is neither defective nor inconsistent with the product’s description on Crema.co Marketplace, then Roaster shall have the option, but not the obligation, to send You an alternative product free of charge. When in dispute as to whether a product is defective or non-conforming to the order, Crema.co shall be the final decision maker in such situations. Notwithstanding the foregoing, Subscribers shall not hold Crema.co in any way responsible for any fees or inconveniences arising from or relating to such Returns, regardless of defect or conformity.
Crema.co may terminate any outstanding product orders and recall products if (i) there is credible evidence that a product or portion thereof fails to meet the Company’s quality assurances; (ii) conditions exist which make the product or its processing suspect of posing a substantial health risk, contamination or any other kind of danger to a User; or (iii) for any other reason as so deemed by the Company.
4.1 Your Content
We encourage you to contribute to Crema.co by posting and publishing Your Content at the designated pages, forums and online spaces. Given that one of our main purposes is to facilitate conversations regarding the products, we truly value the input of our Users. Since Your Content is just that, yours, You alone are responsible for the accuracy, truthfulness and reliability of that Content along with any and all associated risks. When You post Your Content on Crema.co Marketplace, You represent and warrant that You own or have obtained the proper authorization to publish such Content. Be advised that you may expose yourself to liability for posting, transmitting, sharing or otherwise making available Content that is false, intentionally misleading, defamatory, infringing upon third-party rights, unlawful, or otherwise harmful. Although we may review, edit, or remove any Content from the Crema.co Marketplace at times, we make no representations as to any regular monitoring or checking of the appropriateness, reliability or quality of the Content.
4.2 License to Use Your Content
When You post Your Content to the Crema.co Marketplace, You automatically grant Crema.co an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content, for any purpose on or in connection with the Crema.co Marketplace or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. Also, you irrevocably waive and cause to be waived against Crema.co and its Subscribers any claims and assertions of royalties, fees, moral rights or attributions associated with Your Content. If you choose to voluntarily remove Your Content from the Crema.co Marketplace, which you may do at any time, the above granted license will automatically expire.
4.3 Crema.co Content
As mentioned previously, the information, opinions and reviews that You post on Crema.co Marketplace are Your Content, and You own Your Content. We only provide the platform and online services, which allow you to post Your Content on Crema.co Marketplace. In turn, we own all Crema.co Content, which includes visual interfaces, interactive site features, graphics, design, computer codes, software, and all other elements of the Crema.co Marketplace, excluding Your Content and Third Party Content. Also, we possess the copyrights, trademarks, service marks, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with Crema.co Content. Such IP Rights are solely retained by Us, and You have no express or implied rights to modify, reproduce, distribute, create derivative works or adaptations of or in any way exploit any of the Crema.co Content in whole or in part, unless otherwise authorized to do so.
4.4 Third Party Content
User Content posted on Crema.co Marketplace may direct You to third-party web sites or include links or information from Third Party Content. Third Party Content is not investigated, monitored or checked for accuracy, reliability or completeness by us. The posting of any such Third Party Content does not indicate any kind of implied approval or endorsement by us. If you decide to access, use or rely upon any third party websites or Third Party Content, you do so at your own risk.
4.5 Removing and Editing Content
Although we have no obligation to monitor or check the reliability and appropriateness of Your Content, we reserve the right to edit, remove, or screen such Content at Our sole discretion, for any or no reason, without any prior notice. If You fail to comply with our Content Guidelines, as outlined in Section 6, then you may be in violation of this Agreement, and consequently, Your Content may be deleted and Your account closed. We are under no obligation to provide You with any notice of such actions or to offer You any copies of Your Content prior to deleting it from Crema.co Marketplace.
The following uses of Crema.co Marketplace, though not be construed as an exhaustive list of all restrictions, are explicitly prohibited and constitute an automatic violation and breach of this Agreement. All situations involving a possible violation of the Terms may be subject to an investigation by Crema.co if the Company finds such an investigation to be suitable and appropriate. Nonetheless, as per Your request alone, we are not obligated to enforce any of the following terms and conditions on Your behalf against another Crema.co Subscriber.
You represent and warrant that You will not act, perform, assist, encourage or enable others to use the Crema.co Marketplace in such a manner that would result in:
- Crema.co Content that is (a) libelous, defamatory, obscene, abusive, or threatening; (b) an invasion of a party’s privacy rights and/or rights of publicity; (c) an infringement of a party’s intellectual property rights, including any copyrights, trademarks, patents or trade secrets; or (d) unlawful as it violates municipal, state or federal statutes;
- Modification, adaptation, appropriation, reproduction, distribution, or creation of derivative works or adaptations of, publicly displays, selling, trading, or in any way the exploitation of Crema.co Marketplace or Crema.co Content, except as expressly authorized by the Company;
- Reverse engineering of any portion of the Crema.co Marketplace or any attempt to do the same;
- An unauthorized access to the Crema.co Marketplace, accounts, computer systems or networks through hacking, password mining or any other similar means;
- Computer viruses, worms, defects, Trojan horses or other software viruses;
- Advertising or solicitation for funds, goods, or services;
- Users receiving bulk emails, surveys, spam emails, or other mass messages, regardless of whether or not they are commercial in nature;
- Solicitation of personal information from minors or submitting or transmitting pornography; or
- Violation of any applicable law.
6. CONTENT GUIDELINES.
Crema.co welcomes and encourages Subscribers to contribute to the Crema.co Marketplace by posting Content, including but not limited to reviews of Roasters and the individual specialty coffees. To help clarify any confusions, listed below are a few publishing guidelines for Your Content.
- Colorful Language. In the spirit of transparency, we appreciate your candor. However, there is no need to use speech that is hateful, threatening, defamatory, abusive, harassing, vulgar, or obscene.
- Accuracy and Truthfulness. User trust is important to Us. Be Yourself and do not impersonate any person or entity. Do not misrepresent Yourself or Your age. Do not falsely state or post information on Crema.co Marketplace. Make sure all Your Content is factually correct as other Users might rely on that information. With that being said, don’t be shy and feel free to air your opinions and comments so long as You identify them as such and not violate any of our Terms.
- Messages and Forum Posts. Feel free to join in on the conversation, however, do not post any Content that may be discriminating, harassing, threatening, defaming, or offensive in any manner. Do not publicize other Users’ or individuals’ private information, including their names, phone numbers, and addresses, onto our forums or site without first obtaining their permission. You are solely responsible for all your interactions, messages, and posts with other Users or individuals on Crema.co Marketplace. We do reserve the right, but have no obligation, to monitor disputes between you and other Users.
- Promotional Content. This is a consumer-friendly platform and site, and We would like to keep it from being overrun by promotional offers and other similar commercial content. Therefore, You are precluded from posting any promotional content, including advertisements, event invitations or product offers.
- Intellectual Property. You are explicitly prohibited from promoting or distributing illegal or unauthorized copies of copyrighted work or proprietary materials. Such promoting or distributing includes providing computer programs or links onto Crema.co Marketplace that direct others to such illegal and/or unauthorized materials.
8. THIRD PARTIES.
Crema.co Marketplace may include links to other websites or applications (“Third Party Resources”). Note that we do not control or endorse any Third Party Resources, and consequently, are not responsible for any information or content related to such Third Party Resources. Your access and use of Third Party Resources is at Your own risk.
10. COMPANY DISCLAIMERS AND LIMITATIONS OF LIABILITY.
Each of the subsections below applies up to the maximum extent permitted under the applicable law. Nothing contained herein is intended to limit any rights that You may have which may not be lawfully limited. If You are unsure about this or any other section of this Agreement, please consult a legal professional prior to continuing to access or use of the Crema.co Marketplace. By accessing or using the Crema.co Marketplace, You represent and warrant that You have read, understood and agreed to these Terms. You are giving up substantial legal rights by agreeing to these Terms.
- CREMA.CO MARKETPLACE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT CREMA.CO IS NOT OBLIGATED TO MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF CREMA.CO MARKETPLACE IS AT YOUR OWN DISCRETION AND RISK. CREMA.CO MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF CREMA.CO MARKETPLACE, ITS SAFETY OR SECURITY, OR CONTENT. ACCORDINGLY, CREMA.CO IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM CREMA.CO MARKETPLACE INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE REVIEWS, POSTINGS, MESSAGES AND ANY OTHER CONTENT THEREON.
- CREMA.CO MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY OR THIRD PARTY CONTENT LISTED ON CREMA.CO MARKETPLACE. ACCORDINGLY, CREMA.CO IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THIRD PARTY ACTIONS OR OMISSIONS. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING COFFEE ROASTERS, IS AT YOUR OWN DISCRETION AND RISK.
- CREMA.CO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS AND CERTIFICATIONS OFFERED BY THIRD PARTIES ON THE CREMA.CO MARKETPLACE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A CREMA.CO REPRESENTATIVE SHALL CREATE A REPRESENTATION OR WARRANTY.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH CREMA.CO MARKETPLACE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF CREMA.CO MARKETPLACE.
- CREMA.CO DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
11. GOVERNING LAW AND VENUE.
By accessing or using Crema.co Marketplace, You agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern this Agreement. For any claim, cause of action or dispute brought by either party, You hereby agree to submit and consent to the personal and exclusive jurisdiction and exclusive venue of the state and federal court located within King County, Washington.
12. TERM AND TERMINATION.
You may terminate this Agreement at any time by closing your account, discontinuing your use and access of the Crema.co Marketplace, and providing the Company with a notice of termination at email@example.com. Nonetheless, We may, at any time, close Your account, suspend your ability to use certain features or portions of the Crema.co Marketplace, and/or ban You completely from the Crema.co Marketplace, for any or no reason, and without notice or liability.