We built Consulting Café to simplify the busy lives of consultants, and to help consulting firms increase their productivity. We provide consultants with ways to save time and leverage each other's experiences in a consultants-only community.. Consulting Café aims at increasing consultants’ efficiency and simplifying their busy lives. To achieve this purpose, we encourage our Users to share and sell truthful, accurate and qualitative information and documents.
2. Scope and Intent.
These Terms of Service apply to all users of the CONSULTINGCAFÉ website (the "Site"), including users who are also contributors ("contributors") of content, information, and other materials on, or made available through, the Site.
CONSULTINGCAFÉ may modify or terminate any services offered from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service in our sole discretion without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
3. LICENSE GRANT
CONSULTINGCAFÉ grants You a limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use the services of the Site solely for Your own personal or business use. Except for the license set forth herein, You acknowledge and agree that You may have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance, or in any way exploit any of the Content in any manner, depending upon the terms of the license specified by the User who has made the User Content or Materials available. You will have the right to modify, edit, reproduce, alter, and use User Content or Materials for Your personal use or for business use. In almost all instances You will not have the right to resell or re-license User Content or Materials. This limited license terminates automatically, without notice to You, if You breach any of these Terms. Upon termination of this limited license, You agree to immediately destroy any downloaded or printed User Content and Materials and all copies thereof, including backup or archival copies.
4. License Grant to Upload
YOU WILL NOT UPLOAD WORKS THAT YOU DO NOT HAVE THE RIGHTS TO. YOU WILL NOT INFRINGE UPON THE COPYRIGHT OF ANY OTHER PERSON OR ENTITY.
Subject to Your compliance with the terms and conditions set out in these Terms, CONSULTINGCAFÉ hereby grants to You a personal, non-transferable, freely revocable license to use the Site for the uploading, submitting, posting, distributing, or otherwise making available authorized digital content, including electronic documents, information, messages, comments, ratings, blog posts or other content or material ("User Content"). User Content is uploaded at Your own risk. Notwithstanding any obligations hereunder of CONSULTINGCAFÉ to protect User Content with these Terms or security measures, CONSULTINGCAFÉ cannot guarantee that there will be no unauthorized copying or distribution of User Content nor will CONSULTINGCAFÉ be liable for any copying or usage of the User Content not authorized by CONSULTINGCAFÉ or You.
5. License Grant to Download
Subject to Your compliance with the terms and conditions set out in these Terms, CONSULTINGCAFÉ hereby grants to You a personal, non-transferable, freely revocable license to view, and in some instances download and print User Content solely through the Site subject to the license under which such User Content and Materials are made available and distributed.
6. Prevention of Unauthorized Use
CONSULTINGCAFÉ reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
7. License Grant to CONSULTINGCAFÉ
Unless otherwise agreed to in a separate written agreement between You and CONSULTINGCAFÉ signed by an authorized representative of CONSULTINGCAFÉ by pen on paper:
By uploading, making available for upload, distributing or disseminating User Content through the Site, You hereby grant to CONSULTINGCAFÉ a worldwide, non-exclusive, transferable, assignable, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise use and sell or license Your User Content, in any media formats and through any media channels, in order to make available, display, perform, reproduce, distribute, publish, and promote such User Content in connection with the Site and services offered or to be offered by CONSULTINGCAFÉ. You are reminded that You agree not to upload documents that violate these Terms of Service, including those documents that might infringe upon the copyrights held by others. Such license will apply to any form, media, or technology now known or hereafter developed.
8. License Grant to Other CONSULTINGCAFÉ Users.
By uploading, making available for upload, distributing, or disseminating User Content through the Site, You hereby grant to each User that is authorized to access Your User Content, a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded or made available for uploading such User Content. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access Your User Content at least a limited, non-exclusive, license to view, download, print, reproduce, and store such User Content in the manner contemplated by these Terms and the Site. Further, unless you clearly state otherwise, You grant a license to Users to modify, edit, reproduce, alter, and use Your User Content or Materials for personal use or for business use. The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from the Site provided, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Site survive any termination or expiration of the license You have granted. In other words, once another User has downloaded or printed Your User Content no one can technologically stop that User from possessing, displaying, or otherwise using Your User Content, though CONSULTINGCAFÉ may attempt to contractually limit or terminate usage. Further, such User Content might remain available by search engines or internet services, for example, that might have cached or archived such User Content, and CONSULTINGCAFÉ has no obligation to prevent, limit, or take any other measures to affect that availability.
9. User Content Representations and Warranties.
You are solely responsible for Your User Content and the consequences of posting or publishing it. By uploading and publishing Your User Content, You affirm, represent, and warrant that:
(1) You are the creator and owner of or have all the necessary licenses, rights, consents, releases, and permissions to use and to authorize CONSULTINGCAFÉ and CONSULTINGCAFÉ's Users to use Your User Content as necessary to exercise the licenses granted by You in this agreement and in the manner contemplated by CONSULTINGCAFÉ and these Terms;
(2) Your User Content does 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, or libel any other person or entity. YOU WILL NOT UPLOAD WORKS THAT YOU DO NOT HAVE THE RIGHTS TO. YOU WILL NOT INFRINGE UPON THE COPYRIGHT OF ANY OTHER PERSON OR ENTITY;
(3) Your User Content does not contain any cookies, viruses, adware, spyware, worms, trojans, or other malicious code; and,
(4) Your User Content does not primarily constitute an advertisement, promotional, or marketing materials for any person, entity, or business.
Violators of third-party rights may be subject to criminal and/or civil liability. CONSULTINGCAFÉ reserves all rights and remedies against any Users who violate these Terms, including the right to remove User Content and to terminate Your account and access to the CONSULTINGCAFÉ site and services.
10. Content Disclaimer
Users who utilize the MARKETPLACE service, a service that allows Users to buy and/or sell User Content through the Site (the "MARKETPLACE"), are bound by the following terms:
Any document purchased by any user is available for download on his account tab. The document may be downloaded for a period of 6months after the date of purchase. After that date, the link to download the document will expire.
Seller sets the final price of the item on the marketplace that he/she puts on sales. Seller’s account balance will be credited of 60% of the set price every time an item he uploaded gets purchased by a user. When the seller’s balance reaches 150 US dollars at the month end, the seller will receive a payment of the full amount of his balance at month end through PayPal or wire transfer within 30 days of the month end.
13. PASSWORD RESTRICTED AREAS OF THIS SITE
You may register for a password to log in to this Site and to use certain functions and areas within this Site. As part of the registration process, You may be asked to select a username and password. CONSULTINGCAFÉ may refuse to grant You a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by CONSULTINGCAFÉ in its sole discretion. You are responsible for maintaining the confidentiality of Your password and account, and agree to notify CONSULTINGCAFÉ if Your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under Your registered account. You agree to immediately notify CONSULTINGCAFÉ of any unauthorized use of Your account or any other breach of security in relation to this Site known to You. 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 username, password, or any credit, debit, or charge card number, if applicable), then You agree to immediately change Your password and notify CONSULTINGCAFÉ. You may be liable for the claims against or losses incurred by CONSULTINGCAFÉ or others due to any unauthorized use of Your account.
14. USER CONTENT
You acknowledge that You are responsible for the User Content that You submit, upload, post, or otherwise make available on or through the Site ("provide" or "provided") and through the services available in connection with this Site. You further acknowledge that You, and not CONSULTINGCAFÉ, have full responsibility for Your User Content, including its legality, reliability, and appropriateness, and that you have all rights regarding trademark and copyright ownership.
You further agree that You will not upload to CONSULTINGCAFÉ’s servers, post, or otherwise make available on this Site any material protected by copyright, trade secret, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on You. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other claims or harm resulting from Your User Content or Your other Content.
15. PROPRIETARY RIGHTS
CONSULTINGCAFÉ is a trademark of PGCE in France. Other trademarks, names, and logos on this Site are the property of their respective owners. The trademarks, logos, and service marks displayed on the Website (collectively the "Trademarks") are the registered and unregistered trademarks of CONSULTINGCAFÉ, its licensors and suppliers, and others. The Trademarks owned by CONSULTINGCAFÉ, whether registered or unregistered, may not be used in connection with any product or service that is not CONSULTINGCAFÉ’s in any manner that is likely to cause confusion with customers, or in any manner that disparages CONSULTINGCAFÉ or dilutes the trademarks or CONSULTINGCAFÉ.
16. COPYRIGHT AND TRADEMARK INFRINGEMENTS; NOTIFICATION
CONSULTINGCAFÉ respects the intellectual property rights of others, and we require You to do the same. CONSULTINGCAFÉ may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe or are accused of infringing the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement please contact the CONSULTINGCAFÉ team. If You believe that Your work is the subject of trademark infringement and appears on our Site, please provide CONSULTINGCAFÉ's designated agent the following information:
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 trademarked work claimed to have been infringed, or, if multiple 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 at the Site, and information reasonably sufficient to permit CONSULTINGCAFÉ to locate the material.
Information reasonably sufficient to permit CONSULTINGCAFÉ to contact You as the complaining party such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
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.
CONSULTINGCAFÉ reserves the right to assert that it has no obligation under the law to take action with regard to alleged trademark infringement, and to require that You support Your claims of actionable trademark infringement.
CONSULTINGCAFÉ's agent for notice of claims of copyright or trademark infringement on this Site can be reached by e-mail:
17. DISCLAIMER OF WARRANTIES AND PROMISSORY ESTOPPEL
Your use of this site and/or the services is at your own risk. CONSULTINGCAFÉ shall not be responsible or liable for any failure of the site or service to operate, for any errors in or in connection with the site, or for any lack of access to the site or service. None of the materials, user content, or third party content has been verified or authenticated in whole or in part by CONSULTINGCAFÉ, and they may include inaccuracies or typographical or other errors.
18. LOCAL LAWS: EXPORT CONTROL
CONSULTINGCAFÉ controls and operates this Site from its headquarters in the European Union and the Materials, User Content, and/or Third Party Content may not be appropriate or available for use in other locations. Although CONSULTINGCAFÉ does not direct its activities to users outside of the European Union, if You use this Site outside the European Union, You are responsible for following applicable local laws.