Updated 23rd May 2015

Content

Prelude

Finders Cafe has been created for people around the world to engage in a collaborative environment, which has come to be referred as The Global Social History Project. The Finders Cafe goal is to Preserve, Validate, Discover, Catalogue, and Share, historical Artefacts and information in a collaborative, secure, safe, sustainable and friendly computer assisted environment, for its Members.

The Finders Cafe Website is generally described as an online searchable history data base, where Members can upload images of Artefacts and related information and Comments, for permanent safe keeping and for other Members to Discover and Share.

The history Artefacts and information are provided by you for Preservation and Validation through our unique information processing methodology. Our Validation system will give your Uploaded research material a greater degree of verification and a greater ability for other users to Discover, than ever before. This is a totally new history data Validation methodology, which will assist you Catalogue and Preserve your historical Artefacts, for other Users across the globe, to Discover into the future. This is a new sustainable methodology, powered by the Patent Applied For, Finders Cafe VALe-date+TM.

With global use this Website will make it easier for researchers to Discover greater volumes and more robustly Validated historical information, Images, and Artefacts. Some examples of Artefacts most suitable for Preservation on the Website include, Photographs, Military Medals, Portraits, Drawings, Diaries, Manuscripts, Hobbyists' collections and other historically significant items, with identifiable attributes. When a Member Discovers a Thread of interest, they may view the image and its related information.

Through the Website, a member may also go on to unlock full access to the Thread, which will have the Finders Cafe security watermark removed. The Credit Value of the Image is set by the member who owns and who catalogued the Image. The value of the Discovered Artefact is related to a worldwide market and not related to the country of its origin.

The Finders Cafe VALe-date+TM system will assist you to authenticate and validate your User Provided Content. This system is based on the accumulation of score points for verified information, where the points are automatically added to the Thread, while you are cataloguing your Images. The result is a more productive and valuable research tool than has previously been available to history researchers of all levels.

There are two levels of membership, where both levels can be used for Free. They are referred to as a Free Member and Free Pro Member. However, if you do not wish to contribute by uploading relevant material, but still wish to enjoy the full benefits of the Pro Membership, you may register as a PayAsYouGo Pro Member. See Membership Subscription Options.

This User Agreement has been written to assist Website Guests and Members to understand their valuable roles and acceptable activities when using the Website. This agreement is necessary for the Website to function as a collaborative Global Social History Project, for everyone to use.

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Introduction

This User Agreement forms the relationship between Finders Cafe and you ("you" also refers to a user, a guest, a member, a Free Member, Pro Member, Free Pro Member or any user or visitor of the Website). In using this Website you are entering into a contractual agreement with Finders Cafe Pty Ltd, ABN 11 165 002 415 (also referred to as "Finders Cafe" and/or "finderscafe.com" and/or "Website" and/or "we" and/or "our" and/or "us"). When using the Website your benefits, rights and responsibilities are defined in the following terms and conditions (also referred to as Terms, and Terms and Conditions). The Website includes any services, activity, applications and tools (also referred to as Services) that we perform through the Website. When you enter the Website or use the Website in anyway, you agree to be legally bound by this User Agreement, including but not limited to the following:

If you do not understand any part of the User Agreement, or if you do not agree with any part of the User Agreement, you must not use the Website or any of its Services. This User Agreement is effective when you enter and/or use any part of the Website and/or accept the membership conditions at registration with Finders Cafe. This User Agreement also contains provisions that govern how all claims that arise or may arise, are resolved between you and Finders Cafe.

The Website has been developed in the English language and you agree that you have an adequate understanding of the English language and ability to use this website. If you are unable to adequately use the website or you do not understand any aspect of the Website, User Agreement, Terms, Policies, Guides, Content Sheets, associated documents or any Service displayed anywhere on the Website, you must not use the Website and you must not register as a Member.

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CONTENT VALIDATION SYSTEM - VALe-date+TM

Finders Cafe provides the use of a unique verification system to validate the authenticity of Uploaded Artefacts. With the assistance of Finders Cafe VALe-date+TM , members will now be able to Discover other member's uploaded and validated historical Artefacts, with greater confidence than ever before, knowing that the information Threads and the Images are valuable to their particular research.

The VALe-date+TM system is based on a scoring methodology which authenticates the experience of the member at cataloguing historical data and the quality and quantity of the information Thread associated with the Artefact. User Provided Content that is most suited for Preservation, Validation and Discovery, include Photographs, Drawings, Portraits, Manuscripts and Diaries, which have at least some identifiable attributes.

Member Score is a process to establish a Member's ability to catalogue Historical Research data and which will also assist to validate the information you submit to the Website.

Subject Thread Score is a process to establish the quality and quantity of the information Thread associated with the subject in the Image. Therefore, when you add information to the "Subject in the Image" fields, be sure it is accurate for each person or subject you identify in the Uploaded Image. The more correct information you submit the higher the score will be accredited to the thread.

Relationships Thread Score is a process to establish the many known Relationships between individual "Subjects in the Image" and other Subjects not in the Image. This is a key to unlocking the true identity of "Your John Smith" as distinct from any other John Smith, with similar attributes. The more Relationship information you submit in these data fields, the higher the score will be.

Image Quality and Image Availability are also examined and Scored with the above Member, Subject and Relationship Scores. This final stage involves a process of weighted algorithms applied to the above data, to determine the Finders Cafe VALe-date+TM

The Suggested Credit Value for an Image is determined by comparison of the achieved VALe-date+TM Rating and the general market price of similar material. As Finders Cafe is unique in that its Uploaded Images will have valuable and validated research data attached, Members will invariably require assistance to nominate a value to the Image they wish to unlock access to other members. Therefore, Members may wish to consider the suggested credit value in determining their own assessment of what their Image is worth when listing it for unlocking of access.

The Point of Difference is in your hands with FindersCafe VALe-date+TM This methodology will make a huge difference to the value of your research work, your information and your images. The more detail and the more care you take in Uploading the information and the images, the more valued your history research work will become, now and into the future.

For full details on our validation system, FindersCafe VALe-date+TM Go to VALe-date+TM User Guide.

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Memberships

Each Thread found in the Finders Cafe search results, has two distinctive elements. Firstly the information related to an Artefact and secondly the Image itself.

To view the information and the image you simply register and then proceed to select a level of Membership as a Free Member, Pro Member or Free Pro Member.

To register as a Member, we require very little personal information from you. You will be required to submit a user name, email address and to nominate an individual "alias" to protect your privacy, and also a user name and secret password, to protect your membership security. To further protect your privacy, you must not share a Membership or disclose your password to another User.

The Level of Membership you choose will determine the size of the Images you may view and the extent of the information associated with the Image.

The Membership Levels are:-

  • Guest Free, and Registration is not required.
  • Free Member Free, and Registration is required.
  • Pro Member PayAsYouGo, and Registration is required.
  • Free Pro Member Free, and Registration is required.

Free Pro Membership has the benefits of Pro Membership, but it is Free if you contribute and upload images.

All levels of membership (except guests), have the opportunity to unlock access to the full size, non-watermarked digital copy of the Image. These are available for access with Finders Cafe Credit.

For further details go to Membership Subscription Options.

Memberships for Organizations

Some smaller organizations may wish to operate its Membership under the control of an individual Member. This is acceptable with Finders Cafe, however the organization would require the Member to be tied to it through its own agreement. Larger organizations such as public Libraries, Museums, Government Agencies, or large Incorporated Organization, Historical Societies and Genealogical Societies or the like, are to contact Finders Cafe, through the Website, to obtain the User Agreement for Organizations, which we can tailor to suite your specific requirements. Go to Join Us.

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Accounts

Your Registration and Security

When you register for Membership, you will be requested to provide:

  • Your own individual name "Username". This will not be seen on the Website by other users.
  • Nominate your unique public "Alias". This is the name other users will see and know you by.
  • Nominate your unique private "Password". This will not be seen on the Website by other users.
  • Your individual unique private email address. This will not be seen on the Website by other users.

You must provide accurate, complete and regularly updated information for registration. You must not impersonate or use the rights of another person or organization. You must not use an alias that is considered offensive to Finders Cafe or any other reasonable person. If you do not submit accurate information, you will be in breach of the Terms.

Your account user name and password are for your individual use only and are never to be revealed to any other person including any Website representative. (Sharing your password to others, for access to the Website or its Services, is prohibited and shall be considered a breach of the Terms).

If you notice or expect an unauthorized use or disclosure of your account details has occurred, you must immediately Report it on the Website or email accounts@finderscafe.com giving full details of the events. Where Finders Cafe considers that a fraudulent or illegal activity may have occurred, then we may restrict or terminate the account or accounts of the Members associated with the activity. If we consider a Member's activity was illegal, then it may be referred to a law enforcement agency. If we consider you have breached any part of the User Agreement or not acted in the spirit of the Website, or for any other reason, we may restrict, suspend or terminate your access to the Website, without any recourse by you or refund of any subscription or removal of any User Provided Content. You will however, retain any lawful copyright you own.

Your Account

Apart for the limited use of a guest, you are required to register and become a Free Member, Pro Member (PayAsYouGo) or Free Pro Member, to use the Website.

When you register your Membership online, you will be asked to accept the "User Agreement", by clicking a box on the website. Clicking the box is considered to have the same value as a handwritten signature. Once you complete the online membership process, you will be sent a confirmation email. It is recommended that you retain this email and a paper copy.

If your Membership lapses, your Account will remain open, but the Website services will not be available to you. Your account will remain open for you to reactivate the membership (unless the account has been closed due to a breach). We may close accounts which are unconfirmed or have not been updated with the required details or where details are invalid or where a service has been discontinued. Only the individual person who registered the original Membership, can update the account details or reactivate a Membership within that account. If an account is closed, its associated User Provided Content will remain with the Website and as required by law, any copyright will remain with the lawful owner. It is agreed that the User Provided Content will remain available on the Website, for viewing and unlocking of access by other members and guests. If you wish to continue receiving your rewards from any future members unlocking access of the User Provided Content, you are required to keep your Account open and the details up to date.

Nominate a Beneficiary

Finders Cafe has been created for you to Preserve, Validate, Discover and Catalogue historical Artefacts and your other history information, in a collaborative, secure, safe and sustainable computer assisted environment, so you can Share it way into the future. Finders Cafe has also been created for its members, to be rewarded for their individual hard work, if they choose to.

Therefore, you may wish to pass on your hard work and its generated rewards, to your own nominated Beneficiary. Finders Cafe fully appreciates the labor that individuals and people in Organizations invest in their history work, so that it will be available for generations to come. Finders Cafe allows an individual Member to pass on their User Provided Content and its generated rewards, to another Member. This of course will not be necessary for Organization Memberships as the copyright will remain with the Organization even if the nominated Member leaves.

Nomination of a Beneficiary can be done by simply contacting us, to obtain the Nomination of Beneficiary Form, you complete and return it to us and we will forward to you the Beneficiary Certificate for your files. To identify your nominee, the Beneficiary must be a registered Finders Cafe Member, who may be a friend, a family member, a business associate or anyone else you choose. The User provided Content will be merged with the nominated Beneficiaries account under their alias. In this way you can be sure the copyright of your history research will go to those you wish it to. Contact us

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Finders Cafe Credit System

Purchasing of Finders Cafe Credit

Where it is necessary to access restricted services on the Website, you will need to use Finders Cafe Credit. For example, if you choose to use PayAsYouGo Pro Membership or to unlock access to full size non-watermarked digital Images.

For further details see Credit System.

Applicable Currency

All values of services are displayed and transacted in Finders Cafe Credits (also referred to as Credit or credit).

The purchase of Finders Cafe Credit is calculated in and transacted in US Dollars (USD, $US).

To assist you when listing you're Threads for other members to unlock access, your nominated Credit Value and the Suggested Credit Value will be visible. However, a member wishing to unlock access to the Image will only see your nominated Credit Value, in Finders Cafe Credit. The conversion rate is stated at Credit System.

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Website Content

Content Provided by You

The Finders Cafe Community depends on the quality of the "User Provided Content" that is provided by you as Members. User Provided Content (also referred to as content or Content or thread or Thread) is made up of what is known as a Thread. A Thread is made up of the information, the image and any associated comment related to an Artefact. It is your responsibility to ensure the content provided by you is truthfully and accurately represented, of the highest quality that you can produce, suitable and appropriate to be used in the Website by the Finders Cafe Community. If you find any material on the Website that is inaccurate or offensive, please Report it

User Provided Content that is sought for inclusion in the Website include :- Artefacts which are historical in nature and have some historical significance, such as in Photographs, Medals, Drawings, Portraits, Diaries, Manuscripts, Items with historical inscription and Architectural Drawings. All Artefacts that are not commonly found and which have some identifiable attributes, are perfect for cataloguing.

User Provided Content that is Not sought for inclusion on the Website includes Artefacts of little historical research value or interest. Items that are not able to be identified, or do not meet the minimum required validation level, Items that are unlikely to be shared on the Website, Items resulting from a commercial mass production process unless considered to have historical significance, and Items that are considered to be very commonly available. Recent photographs and information of living people are not usually of interest and must have the person's legal permission. Report it

User Provided Content that you choose to submit to the Website, for your personal use or for others to view and use, once in the public domain, is not able to be withdrawn or removed. If data is removed from public view on the Website, it is understood by you that it may still remain visible or retained in other places, such as, when it is unlocked by another member, copied or stored by other Website users prior to its removal. Therefore, to safeguard the content against forms of intellectual property theft or misuse, Finders Cafe retains User Provided Content.

Content will be retained, even if it has been requested to be removed or has been visibly removed from the Website and will be used for future preservation, cataloguing, validation, discovery, sharing and research activities. The rewards, acknowledgments and legal copyright of the content, remains with the Member who listed the content, as described in the User Agreement.

No Artefact, Thread, Comment, or other material is to be submitted to the Website, where it would result in a copyright infringement. It is your responsibility to determine if any material you submit onto the Website, is lawful for you to submit or Upload.

Your Copyright

You retain all lawful copyright on all the User Provided Content you submit onto the Website. As copyright law is different in each country, you will need to consult your own country's copy right law for confirmation of your specific requirements.

By the act of submitting User Provided Content onto the Website, you have declared that you have the right to submit that Content and you have obtained any third party consents that may be required. These consents include those required under data protection, copyright laws, intellectual property laws, these Terms and any other restrictions on data processing. You also agree not to remove any copyright or identification markings from any material you submit to the Website.

User Provided Content that has been submitted and Published by you for the wider Finders Cafe Community to search and discover, may be used by Finders Cafe to promote its services to Members and Guests to the Website.

Finders Cafe supports and encourages you to retain legal copyright of your User Provided Content you submit to the Website. In order for you to use the Website and its Services, submit, upload, share, unlock access to other members and receive rewards, when you submit any User Provided Content, you grant Finders Cafe a royalty-free, irrevocable, world-wide, perpetual, non-exclusive license (including the right to sub-license) to use, store, copy, host, distribute, publish, provide access to, use in search results, and commercialize the intellectual property (including all copyright, trademarks, publicity and database rights and Content property rights), without interruption, disturbance or interference from you or by any other person claiming through, under, in right of or in trust for the Assignor. As permitted by law, you waive your rights and promise not to enforce your rights against Finders Cafe, the licensor, assignees and sub-licensees.

To ensure the preservation of your User Provided Content, long into the future, you may wish to assign your lawful copyrights to a third party Beneficiary. Go to Nominate a Beneficiary.

Scanning, and Uploading of Images

Only one Artefact is to be Uploaded onto each Thread page, but you may Upload two Images per Artefact.

A good tip is to ensure the information Thread is well researched before you Upload the Image. Then:

  1. Scan the Image into your computer.
  2. Browse and Upload the Image from your computer file to the Finders Cafe Website. You can Upload two Images of the same Artefact. An Image cannot be resubmitted once it has been Uploaded. If you upload the wrong image/s, you will need to start the procedure again, with a new Reference Number in any later attempt. Retain your old attempt in your Drafts.
  3. Complete the remaining information Thread at your leisure. The information Thread and Comments (except the mandatory fields) can be modified and updated at any time.

Other helpful tips:

  • Each Artefact is to have its own individual Reference Number.
  • The more information you submit, the higher the Finders Cafe VALe-date TM Rating you will receive and the more valued the Artefact will be to other researchers.
  • Each Thread page is for one Artefact only. But you may Upload two images of each Artefact.
  • If you have difficulties getting a good quality image uploaded onto your Thread page, you may repeat the process, refer Steps 1-3 above.
  • Scan all images at the highest resolution possible on your scanner.
  • Save Images files as .jpeg or (.png, .tif, .bmp, but not .pdf).
  • If you encounter difficulties Uploading Images or scanning Artefacts, please contact Help

For research material you wish to keep private and which is associated to an Artefact, we provide a "Extra Notes" field on each Thread page. This field is not searchable and not visible to other Users. The Extra Notes field is a place for you to retain research work that is in progress and which you may wish to move into the searchable fields at a later date.

Your newly Uploaded information Threads and Images may take seconds to minutes or possibly longer, to be available for searching. The speed will depend on your internet provider and other internet and data storage providers. Finders Cafe cannot guarantee the listing or retrieval duration of the internet service.

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Your Rewards

Determining the Credit Value of Your Images

To assist you determine the value of a Thread, we have developed an internal automated system which displays a Suggested Credit Value, during the Image Upload process. You may use this Suggested Credit Value or nominate any other considered Credit Value for your Image. Go to Your Rewards.

Finders Cafe is not an auction house. It is your right and responsibility to research, consider and determine the credit value you wish to ask for an Image and the credit value you agree to unlock access to an Image.

Suggested Credit Value is derived from an internal automated valuing methodology powered by Finders Cafe VALe-date+TM , patent applied for. Go to Finders Cafe VALe-date+TM User Guide.

Rewards you receive from Unlocking Threads

When a member unlocks access to a Thread, you will receive your reward from this activity generally within 48 hours from the point of Finders Cafe receiving the credit paid by the member unlocking access to the Image. The duration of this service is influenced by the speed of third party service providers. For full detail go to Your Rewards content sheet

Commission on rewards paid to Organisations and Individuals

It is the intent of Finders Cafe, that the Image Credit Value agreed by both parties is determined in a free market environment. For the provision of Website Services, Finders Cafe deducts a commission from the achieved Credit Value paid for an Image. This commission is to cover Website development, maintenance, uploading and down loading of data, service provider fees and other Website related costs.

Finders Cafe charges a single commission, which is calculated in relation to the value of the Thread to Finders Cafe and various operational costs. For further detail go to Your Rewards.

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Unlocking Threads

You agree that once you click the unlock now confirmation box, you accept the User Agreement. You also agree that you are accessing the Image you have viewed on the computer screen and which will be sent electronically through to you in a digital format. You agree that once the Image is delivered, you are fully satisfied as a customer in the access provided. At the moment of delivery of the electronic data to you, you agree the access is complete and your consumer rights have been satisfied, so far as possible within the law, and no refund will be asked for by you. If your computer or the computer system fails to open the sent file, we agree to resend to the same address, up to a maximum of three times.

It is your right and responsibility, to research, consider and determine a credit value you would pay for an Image.

You agree that once the unlock now confirmation has been clicked, the displayed Finders Cafe Credits will be deducted from your Account. Once the transaction has been approved and is complete, the Digital Image will be issued to you. Go to Your Rewards.

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Restrictions On use

Fair Usage

We have a fair usage limit for all Users of the Website. You can view 5000 Thread pages each month. We believe this will suite all our individual Members as it is very unlikely you would ever reach this limit in a month. Organizations may request a larger limit to suit their specific needs -Join Us

Transaction Conditions

Unlocking access to one or more Threads from the Website or purchasing Finders Cafe Credit, is conditional on accepting and complying with the User Agreement. When you unlock access to or download any Content, including an Image, you must only use the content as allowed by the limited use license.

All Content including Images you Discover on the Website and use, is to legibly display the Source. However, as many Members do not wish to have their "name" viewed on the internet and their "alias" may not be suitable, we ask the Source of the Content be referenced and to read "Courtesy of Finders Cafe Member".

Your Obligations to Comply

Generally, you must not infringe on any third-party rights or interests, including privacy and intellectual property rights and you must comply with all applicable laws. You shall not submit inaccurate or offensive Content to the Website or other users.

As Finders Cafe supports full compliance with intellectual and copyright laws, all Content you provide or submit must belong to you, otherwise you must have the relevant permissions to do so and you must not violate any rights of another individual or organization. Finders Cafe cannot review or monitor User Provided Content, before, during or after its submission, however from time to time, we may use automated filtering tools, such as algorithms or other means and may alter or remove, material you have submitted.

Finders Cafe also reserves the right to remove or restrict access by you, to any User Provided Content, that in our opinion, is illegal, offensive, defamatory, indecent, obscene, incites racial discrimination or hatred, violates rights of others, does not comply with the intent of the Finders Cafe Website, the User Agreement, Terms, harms or is disruptive or discredits the Website in any way. You are not to contact or arrange contact with other Members through the Website, for the purpose of exchanging or selling User Provided Content outside of the Website. In these cases, Finders Cafe reserves the right to restrict or terminate your use of the Website, unless it is considered by Finders Cafe that you have adequately rectified the situation. It is encouraged that Members Report it if they find the above activities occurring on the Website.

If you are restricted or removed from the Website, you and any associates, waive all rights to any appeal or recourse for restitution or loss resulting from restriction or removal from the Website.

Limited Use License

The material contained on the Website is protected by copyrights. Trademarks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the specific and prior written consent of Finders Cafe.

The Website is copyright. No part of the Website is to be reproduced, stored in a retrieval system, or transmitted in any form or by any means without the written permission of Finders Cafe. Go to Contact.

Entry and Use of the Website is to occur by you, as an individual and only with an individual browser. No graphics or editorials or any other content are to be used by you. You are not to use automatic access tools, including spiders, bots, crawlers or by scraping. You are not to investigate, examine, interfere with, download or copy any software, methodologies or processes found on the Website. You are not to circumvent or interfere with any Website features that may restrict or prevent use or access to any Content or Services. It is prohibited to download any data, metadata, part of a database, or the whole of any database. It is prohibited to resell any content or any database material in whole or any part.

When you download any Content, including an Image, you must not use the Content for any purpose whatsoever, other than for your own personal and private family history research, or for use by academics in the course of their area of academic work and research, or use by educators and students in the course of their educational work and research. You must not reproduce or make any copy of the material or Image, except in a very limited number for the use as described in this paragraph. Any material including any Image you download from the Website is not to be used for any commercial use or published or circulated in the public domain, including through print or the internet. Contact us.

Any Content downloaded by you, remains subject to this limited use license, lawful copyright restrictions and this User Agreement. Any Content including any Image you download from the Website is not to be published or circulated in the public domain, including through print or the internet. If you wish to use or publish any material from the Website, contact us for possible alternative Terms and Conditions. See Transaction Conditions (above),

Genealogists using the Website, as an individual person, who is professionally qualified as a Genealogist, who is a paid up Member of a recognized accredited Genealogy Society, who has "Graduate" status from a tertiary education institution in the field of Genealogy and is considered to be a Genealogist by Finders Cafe, must not use any material for any purpose whatsoever, other than as described in the Limited Use License above and for their Client's own personal and private family history research, (where a Client is defined as a person contracted with the Genealogist to provide a family research consultancy for the Client). The Genealogist and/or their Client must not reproduce or make any copy of the material or Image, except in a very limited number, for the Client's own "immediate family"" research. Any material including any information Thread, Image or Comment downloaded from the Website, is not to be published or circulated in the public domain, including through print or the internet

You as an individual may use the Website software, (including the Finders Cafe VALe-date TM system), only while online and you may not download, copy, reuse, distribute, or examine the software. Finders Cafe retains title, ownership and reserves all rights and interests in and to all of the Website's Content, except as explicitly expressed in your copyright Terms, in this User Agreement.

You will not harvest information from the Website, you will not distribute spam or unsolicited electronic communications, chain letters, or pyramid schemes. You will not distribute viruses or any other technology or cause excessive load on the Website that may affect the Website or its users.

Without limiting other remedies, we may limit, suspend or terminate our Website Service and user Accounts, prohibit access to the Website Services, delay or remove content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the spirit of the User Agreement.

A breach of the limited use license may result in termination of your Membership and we may commence legal proceedings against you. This license continues even if you cease to use the Website or its Services.

Libraries, History Societies and other history organizations are very welcome to join Finders Cafe and may wish to choose an alternate Limited Use License to suit their specific requirements. Go to Join Us and request an Application.

If you have a request to use any Content or other material from the Website, that is not an allowable use as described in this User Agreement, please contact us as we may have an alternative limited use license that might suit. Go to Join us and request an Application.

Disclaimer of Liability

Finders Cafe does not accept any liability with regard to User Provided Content, including its accuracy and legality. We do not extend any warranties or representations of the User Provided Content of the Website or any of its Services. No implied warranties or representation to the maximum amount permissible under applicable law are given. We offer the Website, its Service and its Content on an "As Is" basis and "As Available" basis and we do not accept responsibility for any use of, or reliance on the Website, its User Provided Content or Website Services, or for any disruptions in the Website Service or for disruptions caused by the Website Services. We do not make any representations as to the accuracy, completeness, quality, worth, value, compatibility, security, legality or fitness for a use of the User Provided Content or the Website or its Services.

At all times we will attempt to keep the Website and its Services, secure, safe and operational. Other than as required by mandatory law, we cannot guarantee the continuous access and full functioning of the Website and its Services. Furthermore, Finders Cafe does not guarantee the suitability of the Website Services or compatibility to your information technology systems and equipment. Finders Cafe does not warrant, other than as required by mandatory law, that the Website, its servers or its emails are free of viruses or any other harmful components.

We limit our liability to the maximum amount permissible under applicable law. We shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any of the following types of loss or damage, whether in contract, tort including negligence, or otherwise, whether the loss or damage was foreseeable, known or otherwise. Such loss to include, loss or corruption of or damage to data, systems or programs; loss of anticipated savings; loss of actual or anticipated profits; loss of revenue or money; or any indirect loss or damage whosoever caused it; provided that nothing in this User Agreement will be interpreted to limit or exclude any liability which may not be excluded or limited by law. Your mandatory statutory consumer rights remain as required by law.

Occasionally Finders Cafe Website may wish to enhance the services of the Website, for its Members to assist in their history research and in so doing, link to third party providers of goods and services. Other than as required under mandatory law, Finders Cafe makes no endorsement or warranty for third party provided goods and services and is not responsible for any third party provided goods or services that may be linked to the Website. As a user, you agree that any recourse under this User Agreement, for dissatisfaction with third party goods or services will be sought from the third party provider and not from Finders Cafe.

If you are dissatisfied with any part of the Website and its Service, including the User Agreement, as your sole and exclusive remedy under the User Agreement and as allowed by the applicable law, you may discontinue using the Website.

You agree to indemnify, save and hold harmless Finders Cafe its officers, directors, shareholders, employees, agents and contractors, from any and all claims, damages, liabilities, losses or expenses, and obligations, arising out of your use of the Website, or any claim, demand, or action by a third party arising out of your breach of this User Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and any breach of the Assignee's responsibilities or obligations, representations or warranties under this User Agreement. All liability of Finders Cafe is expressly excluded to the fullest extent permitted by law.

This indemnity shall survive your use of the Website and its Services and this User Agreement.

Assignment of Rights and Obligations

These Terms are personal to you as an individual and so you may not without written consent of Finders Cafe, assign or transfer any of your rights and obligations under this User Agreement. Finders Cafe reserves the right to assign or transfer its rights and obligations under this User Agreement to a third party, where it agrees in writing to comply with the obligations of this User Agreement.

No agency, joint venture, partnership, franchiser-franchisee or employer-employee relationship is intended or created by this User Agreement.

Applicable Law

You agree that the laws of the State of Queensland, Australia, will govern the User Agreement and its associated documents and any claim or dispute, that has or may arise between you and Finders Cafe. You agree that any legal arbitration or court related matters which may be raised or entered into, will be filed, lodged and contested in the physical location of Brisbane, within the State of Queensland, Australia.

For effective resolution to the satisfaction of you and Finders Cafe, you agree that if you anticipate, or encounter a conflict in the Website, you will firstly contact Finders Cafe to seek a resolution. This will be done through the postal mail system or by email to Finders Cafe. Contact. If a satisfactory resolution is not meet, you agree to resolve the dispute through arbitration and not through court. Furthermore, you agree not to consolidate individual claims for a class action proceeding. This arbitration provision is not to limit your mandatory legal rights and shall survive your use of the Website and its Services and this User Agreement.

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Miscellaneous

All User Agreement section headings and all Terms under each heading are to be read in association with all other User Agreement Headings and the Terms.

The User Agreement and its Terms, Conditions, Privacy Statement, Privacy Policy, User Guides, Content Sheets and documents referenced in this User Agreement, shall form the complete agreement and understanding between you and Finders Cafe. These Terms shall supersede and cancel any earlier understanding and/or agreement, unless stated otherwise by Finders Cafe.

Where a single or group of Terms is determined to be invalid or unenforceable, the remainder of the Terms shall remain valid and enforceable. Where any Term is determined to be invalid or unenforceable, Finders Cafe may replace it with Terms of similar meaning, which is valid and enforceable.

In any instance where Finders Cafe does not enforce any Term or Terms or part of the User Agreement, it will not affect our right to enforce them at a later time. In the event that Finders Cafe should waiver any breach by you, of any Term or Terms, it should not be taken that a waiver of the Terms itself has been given. You agree to indemnify us against all claims, liabilities and expenses which may arise from any breach of the Terms or User Agreement by you or otherwise as a result of you using the Website.

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Changes to the Website and Agreement

Finders Cafe may from time to time change the User Agreement and its Terms, Conditions, Privacy Statement, Privacy Policy, User Guides, Content Sheets, the Website, Finders Cafe VALe-date+TM, Finders Cafe Credit System, Commission on Rewards, Membership Subscription Options and Fees, Your Rewards and Unlocking Threads guides and documents, referenced in this User Agreement or its Services, so to respond to changes to user requests, the economy, industry practices and applicable laws, or any other reason. Changes will be posted on the Website or notified to you by email or by other means. If you continue to use the Website after the notice of change is posted, you will be deemed to have accepted the changes and will be bound by the changes.

If you do not agree or accept any changes or modifications to the agreement, you may elect to unsubscribe from the Website Membership through your Account.

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Your Communication with Finders Cafe

You agree to receive electronic mail from Finders Cafe and its representatives, where necessary for the Website to perform its normal business practices. This will include us sending electronic mail relating to your Account or use of the Website, to inform you of changes or additions to the Website and its Services, or of other related products and services.

You may choose not to accept advertising and marketing emails by clicking the unsubscribe link at the end of the email. Also refer the Privacy Statement for further information on how we manage and process your personal information.

All official and legal correspondence with us is to be delivered by registered post.

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Contact us

All official correspondence is to be through registered post and mailed through to:-

Finders Cafe
PO Box 3435
Newmarket Qld 4051
AUSTRALIA

Other methods for contact are:

telephone +61 7 3352 3371
email Contact us

Access your Account

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