CITY BARBEQUE AND CATERING
Effective Date: January 1, 2021
Last Updated: May 7, 2021
Introduction and Scope.
Please review the following terms carefully. YOUR USE OF THE CITY BBQ WEBSITE AND ANY SERVICES PROVIDED THEREIN IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS.
Terms and Conditions.
1. ACCEPTANCE OF TERMS.
2. SERVICES PROVIDED.
City BBQ directly, or indirectly through an unaffiliated Internet service provider, shall provide you with electronic access, through your computer or other electronic device (collectively "Computer"), to the Information and Services provided on the Site and the ability to communicate electronically with the Site ("E-mail").
3. USE RESTRICTIONS.
The Site is a general-purpose website and is not targeted towards children under 13 years of age (or under 16 years of age for California residents). By using the Site, you represent and warrant that you are (i) 18 years of age or older and (ii) have not previously been suspended or removed from the use of the Site by us. If we become aware that you are under 18, we will terminate your registration.
Permission is granted to temporarily download one copy of the materials (information or software) on City BBQ’s Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not, under any circumstances:
• Access the Site for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Site;
• Collect or harvest any personal data of any user of the Site;
• Use the Site for any unlawful purpose or for the promotion of illegal activities;
• Attempt to, or harass, abuse, or harm another person or group;
• Provide false or inaccurate information when registering an account;
• Interfere or attempt to interfere with the proper functioning of the Site;
• Make any automated use of the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• Bypass any robot exclusion headers or other measures we take to restrict access to the Site, or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data;
• Circumvent, disable, or otherwise interfere with any security-related features of the Site or features that prevent or restrict use or copying of content, or enforce limitations on use of the Site or the content accessible via the Site; or
• Transmit, upload, publish, or link to the Site any virus, worm, defect, Trojan horse, software bomb, or other malicious feature designed to damage, degrade, or disrupt in any manner the performance of the Site or another user’s browser or computer.
4. ELECTRONIC RECORDING.
You acknowledge and agree that all information and data that you input during your use of the Site, including without limitation, all selections and uses of calculators and other tools included therein, and all information you have created, input or developed in connection with your use of the Site (the "User Information"), shall be deemed to become, and shall remain, the property of City BBQ. None of the User Information shall be subject to any obligation of confidentiality on the part of City BBQ or any of its respective licensees, advertising agencies, promotion agencies, legal advisers, and fulfillment agencies, and the employees, officers, directors, owners, affiliates, and agents of each and all of them (collectively, “Related Parties”), and neither City BBQ nor its Related Parties shall be liable for any use or disclosure of all or part of any User Information. Without limiting the foregoing, City BBQ shall exclusively own all now known or hereafter existing rights to the User Information of every kind and nature throughout the world, and shall be entitled to unrestricted use of the User Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Information.
5. LINKS TO OTHER WEBSITES AND/OR MATERIALS.
6. SOCIAL MEDIA POLICY.
Users must be eighteen (18) years of age or older to participate. Except where prohibited by law, voluntarily posting a name, voice, signature, photograph, image, likeness, distinctive appearance, gesture, mannerism, other personal characteristic and private information, video, comment, or other material on our website and/or on social media, whether or not tagged with one of our promoted hashtags ("Posted Content") constitutes your consent and grant to City BBQ and the Related Parties of the irrevocable, non-exclusive, perpetual, worldwide, royalty-free, unrestricted, and unlimited right and permission, but not the obligation, to (1) record, film, photograph, record by video (including all outtakes and behind-the-scenes footage), display, exploit, transmit, broadcast, digitize, copy, reproduce, adapt, modify, alter, edit, copyright, publish, exhibit, distribute, dispose of, perform, sell, license, rent, create derivative works, and otherwise use, and permit others to use (including to refuse to use, transmit, or display for any reason or no reason), in whole or in part, in any language or version, by any and all means and media (including, without limitation, audio, photo, print, magazines, brochures, newsletters, television broadcast, cablecast, satellite, home video and video on demand, display, point-of-sale, and other advertising and promotional materials, press releases, electronic media, Internet, and social media platforms, including and not limited to Facebook, Instagram, Twitter, etc.) now known or hereafter devised throughout the world in perpetuity (collectively, “Use”) the Posted Content for any and all purposes deemed by City BBQ and/or the Related Parties in their sole discretion to be reasonable and prudent Uses for the purpose of furthering their valid business objectives, including but not limited to reposting the Posted Content online (e.g., on brand websites and social media pages) and (2) Use your name, online handle, and profile/avatar picture in connection with, or to reference the fact of, your Posted Content. You understand that Posted Content may be edited in the sole discretion of City BBQ and/or the Related Parties. Any credit or other acknowledgment of you, if any, shall be determined by City BBQ and/or the Related Parties, in their sole discretion. You represent and warrant that you own all right, title, and interest in the Posted Content and that the Posted Content will not contain any third-party trademarked or copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of such material or you are otherwise legally entitled to post the material and to grant City BBQ and/or the Related Parties all relevant licenses and permissions to use the material as contemplated herein. You agree to: not take any legal action against City BBQ and/or the Related Parties, and to release, discharge, defend, indemnify and hold harmless City BBQ and the Related Parties, or any other person or entity acting on its behalf, from all claims in connection with the use of the Posted Content as contemplated herein. City BBQ's page is not sponsored or endorsed by this site or any other third party.
7. INTELLECTUAL PROPERTY RIGHTS.
8. PROHIBITED COMMUNICATIONS.
City BBQ may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post communications or communicate solely with each other, and (ii) the content of any such communications. City BBQ, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. City BBQ reserves the right (but not the obligation) to remove or edit such content. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead.
If you do post content or submit material, and unless we indicate otherwise, you grant City BBQ a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant City BBQ and the Related Parties the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify City BBQ and the Related Parties for all claims resulting from content you supply. City BBQ and the Related Parties take no responsibility and assume no liability for any content posted by you or any third party.
9. DISCLAIMERS AND LIMITATION OF LIABILITY.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL INFORMATION AND SERVICES ON THIS SITE, INCLUDING THE SITE, ITS CONTENTS, AND ANY LINKS PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" BASIS. CITY BBQ AND THE RELATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, AND CITY BBQ AND THE RELATED PARTIES HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTY OF NON-INFRINGEMENT OR TITLE. YOU ACKNOWLEDGE AND ASSUME THE RISKS INHERENT FROM THE USE OF THE MATERIALS ON THIS SITE, AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS THAT ARISE OUT OF ITS USE. WITHOUT LIMITING THE FOREGOING, CITY BBQ AND THE RELATED PARTIES MAKE NO WARRANTY THAT (I) THE INFORMATION AND SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES AND INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE, (III) ANY DEFECTS WILL BE CORRECTED, (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR INFORMATION WILL BE ACCURATE OR RELIABLE, (V) THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (VI) THE QUALITY OF ANY SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS. INFORMATION ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CITY BBQ AND THE RELATED PARTIES MAY MAKE CHANGES TO THE INFORMATION AND SERVICES AT THIS SITE, AT ANY TIME AND FOR ANY REASON, WITHOUT NOTICE. THE INFORMATION AND SERVICES AT THIS SITE MAY BE OUT OF DATE, AND CITY BBQ AND THE RELATED PARTIES MAKE NO COMMITMENT TO UPDATE SUCH INFORMATION OR SERVICES.
SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY.
CITY BBQ AND THE RELATED PARTIES SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION, THROUGH THE SERVICES OR INFORMATION, OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE SITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA, OR PROPERTY. EXCEPT AS OTHERWISE PROVIDED BY LAW, CITY BBQ AND THE RELATED PARTIES SHALL HAVE NO LIABILITY FOR LOSSES CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO ACT OF ANY THIRD PARTY PROVIDER, AND TO THE EXTENT PERMITTED BY LAW, NEITHER CITY BBQ, THE RELATED PARTIES, NOR ANY OF CITY BBQ’S PROVIDERS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE), AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY THIRD PARTY SITE REFERENCED OR LINKED TO FROM THIS SITE. IN NO EVENT SHALL CITY BBQ’S AND THE RELATED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE. ANY INFORMATION OR DOCUMENTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OF LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR DOCUMENTS. IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE ABOVE LIMITATIONS OF LIABILITY DO NOT APPLY TO RESIDENTS OF, OR USE OF THE WEBSITE WITHIN, THE STATE OF NEW JERSEY,
11. YOUR REPRESENTATIONS AND WARRANTIES.
You hereby represent and warrant that you are of the age of majority and that all information provided by you during the registration process is true, correct, and complete.
13. GENERAL TERMS.
You agree that any cause of action asserted by you related to or arising out of your relationship with City BBQ must commence within ONE (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You hereby acknowledge and agree that any and all User Information may be accessed through the Internet, and you hereby acknowledge and agree that there can be no assurance that the User Information, or any Information provided to you through the Services, or any communication through E-mail, will remain secure. In addition, City BBQ may disclose, license, or otherwise commercially exploit User Information to the Related Parties, as well as any governmental entity, or other third party (a) for any purpose related to the conduct of City BBQ 's business or to offering, providing, or maintaining the Information or Services, (b) to comply with applicable rules, orders, subpoenas, or other legal process, or in order to give information to any government agency or official requesting such information, or (c) for any other business purpose.
15. GOVERNING LAW AND JURISDICTION.
By accessing this Site, you and City BBQ agree that all matters relating to your access to, or use of, this Site shall be governed by the laws of the United States of America and the state laws of the State of Ohio, without regard to conflicts of laws principles thereof.
18. ENTIRE AGREEMENT; SEVERABILITY.