src/pages/terms.tsx
import React from "react"
import { graphql, PageProps } from "gatsby"
import { LayoutManager } from "components/layoutManager"
import SEO from "components/seo"
const TermsPage = ({ data, location }: PageProps<QueryProps>) => {
const siteTitle = data.site.siteMetadata.title
return (
<LayoutManager location={location} title={siteTitle}>
<SEO title="Terms of Service" />
<h1>Terms of Service</h1>
<h2>Agreement to Terms of Service</h2>
<p>
Your access to the Coffee Code Climb mobile applications and website is
subject to the Coffee Code Climb Privacy Policy, and these Terms of
Service.
</p>
<p>
By using Coffee Code Climb, you agree to these Terms of Service. If you
do not agree, do not use Coffee Code Climb.
</p>
<p>
Coffee Code Climb may change, modify, add or remove portions of these
Terms of Service, at any time. You should periodically check these Terms
of Service for changes. Your continued use of Coffee Code Climb
following the posting of any changes to these Terms of Service will mean
that you accept and agree to such changes. As long as you comply with
these Terms of Service, Coffee Code Climb grants you a personal,
non-exclusive, non-transferable, limited privilege to access and use
Coffee Code Climb.
</p>
<h2>Content</h2>
<p>
All information, data, software, photographs, graphics, videos, text,
images, typefaces, sounds and other material (collectively “Content”),
including but not limited to the selection, coordination, arrangement
and enhancement of such Content, contained on Coffee Code Climb is
owned, controlled or licensed by or to Coffee Code Climb, and is
protected by trade dress, copyright, patent and trademark laws, and
various other intellectual property rights and unfair competition laws.
</p>
<p>
Except as expressly provided in these Terms of Service, no part of
Coffee Code Climb and no Content may be copied, reproduced, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted
or distributed in any way (including “mirroring”) to any other computer,
server, web site or other medium for publication or distribution or for
any commercial enterprise, without Coffee Code Climb’s express prior
written consent.
</p>
<p>
You may not modify, remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create derivative works from or
in any way exploit any of the Content, in whole or in part. If no
specific restrictions are displayed, you may make copies of select
portions of the Content, provided that the copies are made only for your
personal information and non-commercial use and that you do not alter or
modify the Content in any way, and maintain any notices contained in the
Content, such as all copyright notices, trademark legends or other
proprietary rights notices.
</p>
<h2>Links to Third Party Sites</h2>
<p>
Coffee Code Climb may contain links to other independent third-party web
sites. Coffee Code Climb provides these links for your reference only.
Coffee Code Climb does not control these web sites, and Coffee Code
Climb is not responsible for, and does not endorse, their content and
resources or any services offered through such third-party web sites.
</p>
<h2>Privacy</h2>
<p>
Please review our Privacy Policy which also applies to your use of
Coffee Code Climb.
</p>
<h2>Electronic Communications</h2>
<p>
When you use Coffee Code Climb or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by
e-mail or by posting notices within the Coffee Code Climb. You agree
that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such
communications be in writing.
</p>
<h2>Your Conduct</h2>
<p>
You agree not to interrupt or attempt to interrupt Coffee Code Climb’s
operation or any other person’s use of Coffee Code Climb in any way. Any
conduct by you that, in our sole discretion, restricts, inhibits or
interferes with the ability of any other user to enjoy Coffee Code Climb
will not be permitted, including by means of hacking or defacing any
portion of Coffee Code Climb, or by engaging in password “mining,”
spamming, flooding or other disruptive activities.
</p>
<p>
You may not use Coffee Code Climb or any Content for any purpose that is
unlawful or prohibited by these Terms of Service, or to solicit the
performance of any illegal activity or other activity which infringes
the rights of Coffee Code Climb or others. You are prohibited from
posting on or transmitting through Coffee Code Climb any unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
sexually explicit, profane, hateful, fraudulent or racially, ethnically,
or otherwise objectionable material of any kind, including but not
limited to any material that encourages conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national or international law. You may not use
any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic
device, program, algorithm or methodology, or any similar or equivalent
manual process, to access, acquire, copy or monitor any portion of
Coffee Code Climb or any Content, or in any way reproduce or circumvent
the navigational structure or presentation of Coffee Code Climb or any
Content, to obtain or attempt to obtain any materials, documents or
information through any means not purposely made available through
Coffee Code Climb.
</p>
<p>
Coffee Code Climb reserves the right to terminate or suspend your access
to and use of Coffee Code Climb without notice, if we believe, in our
sole discretion, that it is in violation of these Terms of Service or
any applicable law or it is harmful to our interests or the interests,
including intellectual property or other rights, of another user or
other third-party.
</p>
<h2>Accounts, Passwords and Security</h2>
<p>
Certain information or services offered on or through Coffee Code Climb
may require you to create an account (including setting up an email and
password). You are responsible for maintaining the confidentiality of
the information you hold for your account, including your password, and
for all activities that occur in connection with your password or
account. You agree to immediately notify us of any unauthorized use of
either your password or account or any other breach of security. You
further agree that you will not permit others, including those whose
accounts have been terminated, to access Coffee Code Climb using your
account. Coffee Code Climb cannot and will not be liable for any loss or
damage arising from your failure to comply with these obligations.
</p>
<p>
For your account, you agree to provide true, accurate, current and
complete information about yourself. It is your responsibility to
maintain and promptly update this account information to keep it true,
accurate, current and complete. If you provide any information that is
fraudulent, untrue, inaccurate, incomplete or not current, or we have
reasonable grounds to suspect that such information is fraudulent,
untrue, inaccurate, incomplete or not current, we reserve the right to
suspend or terminate your account without notice and refuse any and all
current and future use of Coffee Code Climb. Because any termination of
your access to Coffee Code Climb may be effected without prior notice,
you acknowledge and agree that we may immediately deactivate or delete
your account and all related information and files in your account and
bar any further access to such files or Coffee Code Climb. Furthermore,
you agree that we shall not be liable to you or any third party for any
termination of your access to your account or Coffee Code Climb.
</p>
<p>
By using Coffee Code Climb, you also acknowledge and agree that Internet
transmissions are never completely private or secure. You understand
that any message or information you send to the Digital Experience may
be read or intercepted by others, even if there is a special notice that
a particular transmission (for example, credit card information) is
encrypted.
</p>
<p>
Your account Information and certain other information about you is
subject to our Privacy Policy
</p>
<h2>Wireless Phone Policy</h2>
<p>
By providing your wireless phone number to Coffee Code Climb, you
expressly consent to Coffee Code Climb calling you at this phone
number—in person or through an automated system.
</p>
<h2>Disclaimers</h2>
<p>
Coffee Code Climb DOES NOT PROMISE THAT Coffee Code Climb OR ANY
CONTENT, SERVICE OR FEATURE THEREOF WILL BE ERROR-FREE OR UNINTERRUPTED,
OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF Coffee Code
Climb WILL PROVIDE SPECIFIC RESULTS. Coffee Code Climb AND CONTENT ARE
DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND. Coffee Code Climb CANNOT
ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE
FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
</p>
<p>
Coffee Code Climb DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND
WARRANTIES REGARDING THE INFORMATION, SERVICES, PRODUCTS, MATERIALS AND
ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THIS DIGITAL
EXPERIENCE, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
</p>
<p>
Coffee Code Climb DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS,
OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED
TO YOUR USE OF THE DIGITAL EXPERIENCE AND/OR ANY Coffee Code Climb
SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE DIGITAL
EXPERIENCE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Coffee Code
Climb FOR DISSATISFACTION WITH THE DIGITAL EXPERIENCE OR ANY CONTENT IS
TO STOP USING THE DIGITAL EXPERIENCE OR ANY SUCH CONTENT. THIS
LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
</p>
<p>
The above disclaimer applies to any damages, liability or injuries
caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction of or unauthorized
access to, alteration of or use, whether for breach of contract, tort,
negligence or any other cause of action.
</p>
<p>
Coffee Code Climb reserves the right to do any of the following, at any
time, without notice: (i) to modify, suspend or terminate operation of
or access to Coffee Code Climb, or any portion of thereof, for any
reason; (ii) to modify or change the Coffee Code Climb, or any portion
of thereof, and any applicable policies or terms; and (iii) to interrupt
the operation of the Coffee Code Climb, or any portion of thereof, as
necessary to perform routine or non-routine maintenance, error
correction or other changes.
</p>
<h2>Limitations of Liability</h2>
<p>
IN NO EVENT WILL Coffee Code Climb BE LIABLE FOR ANY INDIRECT, PUNITIVE,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF
PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT
FROM (i) THE USE OF OR INABILITY TO USE Coffee Code Climb, (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM Coffee Code Climb
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
ON Coffee Code Climb; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
Coffee Code Climb; OR (v) ANY OTHER MATTER RELATING TO THE DIGITAL
EXPERIENCE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
EVEN IF Coffee Code Climb HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF
THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU.
</p>
<p>
If, notwithstanding the other provisions of these Terms of Service,
Coffee Code Climb is found to be liable to you, any liability on the
part of Coffee Code Climb will not exceed the fees paid by the user for
the particular information or service provided. Coffee Code Climb is not
liable for the unauthorized use of our Content by any other web sites.
</p>
<h2>Indemnification</h2>
<p>
You agree to indemnify and hold Coffee Code Climb, its officers,
directors, shareholders, predecessors, successors in interest,
employees, agents, subsidiaries and affiliates, harmless from any
demands, loss, liability, claims or expenses (including attorneys’
fees), made against Coffee Code Climb by any third party due to or
arising out of or in connection to your violation of these Terms of
Service, or with your use of this Digital Experience.
</p>
<h2>Governing Law; Choice of Forum; Dispute Resolution</h2>
<p>
If any part of these Terms of Service is determined by a court of
competent jurisdiction to be invalid or unenforceable, it will not
affect any other provision of these Terms of Service, all of which
remain in full force and effect. You agree that all matters, including
all disputes, relating to your access to or use of Coffee Code Climb
information or services or of the Digital Experience, including its
Contents, will be governed by the laws of the State of New York without
regard to its conflicts of laws provisions. You agree to the personal
jurisdiction by and venue in the state and federal courts for New York
County, New York, and waive any objection to such jurisdiction or venue.
Any claim under these Terms of Service must be brought within one (1)
year after the cause of action arises, or such claim or cause of action
is barred. In the event of any controversy or dispute between Coffee
Code Climb and you arising out of or in connection with your access to
or use of Coffee Code Climb information or Coffee Code Climb, including
its Contents, the parties shall attempt, promptly and in good faith, to
resolve any such dispute. If we are unable to resolve any such dispute
within a reasonable time (not to exceed thirty (30) days), then either
party may submit such controversy or dispute to mediation. If the
dispute cannot be resolved through mediation, then the parties shall be
free to pursue any right or remedy available to them under applicable
law.
</p>
<h2>Feedback and Information</h2>
<p>
Coffee Code Climb welcomes your feedback. Any feedback you provide
through Coffee Code Climb will be deemed to be non-confidential. Coffee
Code Climb will be free to use such information on an unrestricted
basis.
</p>
<h2>Copyright Infringement Complaints</h2>
<p>
Coffee Code Climb respects the intellectual property of others, and we
ask our users to do the same. If you believe that your work has been
copied and is accessible on Coffee Code Climb in a way that constitutes
copyright infringement, you may notify us by providing our copyright
agent the following information:
</p>
<ol>
<li>
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
</li>
<li>
a description of the copyrighted work that you claim has been
infringed, including the URL (i.e., web page address) of the location
where the copyrighted work exists or a copy of the copyrighted work;
</li>
<li>
identification of the URL or other specific location on the Digital
Experience where the material that you claim is infringing is located;
</li>
<li>your address, telephone number and e-mail address;</li>
<li>
a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent or the law;
</li>
<li>
a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf.
</li>
</ol>
<h2>General Information</h2>
<p>
Coffee Code Climb may elect to monitor areas of Coffee Code Climb by
electronic or other means and may disclose any Content, records,
Submissions or electronic communication of any kind (i) to satisfy any
law, regulation or government request; (ii) if such disclosure is
necessary or appropriate to operate Coffee Code Climb; or (iii) to
protect our rights or property or the rights of the users, sponsors,
providers, licensors or merchants. We are not responsible for screening,
policing, editing or monitoring such Content. If notified of allegedly
infringing, defamatory, damaging, illegal or offensive Content, we may
investigate the allegation and determine in our sole discretion whether
to remove or to request the removal of such Content from Coffee Code
Climb.
</p>
<p>
Coffee Code Climb’s failure to insist upon strict performance of any
provision of these Terms of Service and policies will not be construed
as an implicit waiver of any provision or right. These Terms of Service
and policies constitute the entire agreement between you and Coffee Code
Climb governing your use of Coffee Code Climb. As stated above, your use
of this site is also subject to our Privacy Policy
</p>
<h2>Questions or Additional Information</h2>
<p>Email: kwangsan@gmail.com</p>
<p>
The information contained in this web site is subject to change without
notice. Copyright 2020 Coffee Code Climb. All rights reserved.
</p>
<h4>Last updated on November 15, 2020</h4>
</LayoutManager>
)
}
export default TermsPage
interface QueryProps {
site: {
siteMetadata: {
title: string
}
}
}
export const pageQuery = graphql`
query {
site {
siteMetadata {
title
}
}
}
`