TRADEMARK AND COPYRIGHT NOTICES

Transcription

1 TRADEMARK AND COPYRIGHT NOTICES The Sites on which these Terms and Conditions are located ("Sites") contain many of the valuable trademarks and service marks owned and used by U.S. Taco Co. throughout the world. These trademarks and service marks distinguish U.S. Taco Co. s quality products and services. The content, arrangement and layout of the Sites, including, but not limited to, the trademarks, service marks, package designs, text, art work, graphics, images, buttons, screen shots, music, digitally downloadable files, other content, and the compilation of the foregoing ( Content ) are the property of U.S. Taco Co., except where otherwise noted, and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displaying, distributing, or transmitted without the express written permission of U.S. Taco Co. The Sites may also contain references to other company, brand and product names. These company, brand and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the Sites are either the property of, or used with permission by U.S. Taco Co. U.S. Taco Co. may be, but is not necessarily sponsored by or affiliated with any of owners of the other company, brand and product name appearing on the Sites, and makes no representations about them, their owners, their products or services. Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Sites, or trademarks, service marks, or trade dress found within the Sites may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting the Sites the User does not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Sites. You agree not to display or use any Content or third party content located on the Sites in any publications, in public performances, for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits U.S. Taco Co. and/or its licensors, that dilutes the strength of U.S. Taco Co. or its licensor s property, or that otherwise infringes U.S. Taco Co. or its licensor s intellectual property rights. NO WARRANTY; LIMITATION OF LIABILITY U.S. Taco Co. strives to ensure that the information contained in this web site is accurate and reliable. However, U.S. Taco Co. and the World Wide Web (or Web Site Host) are not infallible and errors may sometimes occur. Therefore, U.S. TACO CO. HEREBY NOTIFIES YOU THAT THESE SITES ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS, AND to the fullest extent permissible by applicable law, U.S. Taco Co. disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to these Sites, including without limitation the merchantability or fitness for any particular purpose. U.S. Taco Co. will not be liable or responsible for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL damages or injuries caused by use or inability to use these Sites OR ANY FEATURE ON THESE SITES (such as viruses, omissions,

2 misstatements, mistakes, interruptions, or ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND U.S. TACO CO. S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE S RECORDS, PROGRAMS, OR SERVICES). In no event shall U.S. Taco Co. s total liability for all damages, losses, and causes of action exceed five dollars ($5.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, as a result, the above limitation or exclusion may not apply to you. You acknowledge that any reliance on the Sites or any Content will be at your own risk. U.S. Taco Co. also makes no representations regarding the amount of time that any Content will be preserved. U.S. Taco Co. may from time to time revise the information, services and the resources contained in these Sites and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. In no event shall U.S. Taco Co. be liable for any indirect, special, incidental, or consequential damages arising out of any use of the information contained herein. You acknowledge that U.S. Taco Co. may, in its sole discretion and at any time, discontinue these Sites or any part thereof, with or without notice. You agree that you do not have any rights in these Sites, and that U.S. Taco Co. will have no liability to you if these Sites are discontinued or your ability to access it is terminated. INTERACTIVE FEATURES AND USER GENERATED CONTENT On certain areas of our Sites, such as video upload features, message boards, or chat rooms, you may be allowed to interact with other users, and may also be able to create a unique account that may be used solely by you. You may not share or transfer your account with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password. U.S. Taco Co. will suspend access or change access to your account immediately upon notification by you that your password has been lost, stolen, or otherwise compromised. Use of your account and the interactive features of these Sites are governed by and subject to the following terms ( Posting Rules ). U.S. Taco Co. may terminate your account if we believe, using our sole discretion, that you have violated any of these Posting Rules, the terms in these Terms and Conditions, or any law. We reserve the right to monitor any and all messages, postings, or other content sent to the Sites, and reserve the right to remove or to refuse to post anything that we in our sole discretion view to be in violation of these Posting Rules, the law, or are otherwise inappropriate. U.S. Taco Co. does not necessarily, however, monitor any materials posted, transmitted, or communicated to or within the Sites. Responsibility of Postings: You understand and acknowledge that messages and postings are the sole responsibility of the author, and that U.S. Taco Co. is not responsible for the message, or information, data, text or other materials in any message that may appear in a chat room, message board, or other interactive feature ( Messages ). Opinions expressed in Messages do not necessarily reflect the opinions of U.S. Taco Co.

3 No Illegal, Infringing or Abusive Message Content: You understand and acknowledge that you are responsible for the content of your Messages, and agree not to include anything that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate. No Violations of Third Party Rights: You agree that you will not post in your Messages any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of U.S. Taco Co. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party. No Commercial Use: The message boards, chat rooms, and other forums we provide on these Sites are intended to allow information exchanges, and for users to express their opinions. It is not a commercial site. Therefore, you agree that you will not post in your Messages any content that contains business solicitation of any type, including advertising a product or service, offering a product ore service for sale, or directing readers to a location for more information about a product or service. No Viruses, Corrupting Files or Interference: You agree that you will not include in any Messages any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of U.S. Taco Co. s system or a third party s computer. You further agree that you will not post any content that undermines the operation of the Sites, a message board, chat room, forum, or other feature. If you believe that a Message was posted in violation of these Posting Rules or Terms and Conditions, please copy the text of the Message into an and submit to info@ustaco.com. U.S. Taco Co. may, but typically will not, acknowledge receipt of your complaint. You agree that U.S. Taco Co. cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Sites. For more information on submitting complaints, please contact info@ustaco.com. Violation of any of the above rules may result in a warning notification, removal of offending content or termination of your account. VIOLATIONS OF THE TERMS AND CONDITIONS If you believe that something on one of our Sites violates the Terms and Conditions or you wish to send an to U.S. Taco Co., please us at info@ustaco.com. If you are a copyright or trademark owner and you believe your rights have been violated, please us at info@ustaco.com. COMMUNICATING WITH U.S. TACO CO.

4 On certain areas of our Sites, you may be given the ability to contact us by electronic mail, for example, to sign up for services such as notifications and newsletters about our products, to register for a particular sweepstakes or contest, or to participate in our interactive forums, like chat rooms and message boards. The information that you provide to us through these Sites is governed by our Privacy Policy. By entering these Sites you acknowledge and agree that any materials, ideas or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to U.S. Taco Co. may be used by U.S. Taco Co. anywhere, anytime, and for any reason whatsoever. OUR SITE AND CHILDREN Children under the age of 13 are not permitted to register to use the interactive features of our websites such as signing up for notifications, online sweepstakes, or chat rooms and message boards. Please refer to our Privacy Policy for information on the types of information we collect in the registration process from children that are between the ages of 13 and 17. USER GENERATED SUBMISSION LICENSE AGREEMENT THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO ENTER INTO A LEGAL AND BINDING AGREEMENT WITH U.S. TACO CO. PLEASE READ THIS AGREEMENT VERY CAREFULLY AND MAKE SURE YOU UNDERSTAND YOUR RIGHTS AND OBLIGATIONS BEFORE SIGNING THIS AGREEMENT AND SUBMITTING ANY MATERIALS TO U.S. TACO CO. BY CLICKING ON THE SUBMIT BOX BELOW YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Any submission(s) you make on these Sites containing artwork, audio recordings, copy, ideas, images, music, photography, text, video recordings, written materials and/or other materials ( Submission ) are governed by these terms ( User Submission License ): 1. You hereby grant to U.S. Taco Co. an irrevocable, non-exclusive, royalty-free perpetual license to use and exploit the Submission, including, without limitation, the title(s) and each and every element of the Submission, in whole or in part, in any and all manner and media throughout the world; and the right to use your name, voice, image, likeness and biographical data in connection with both the Submission and the Promotion, including, without limitation, in credits, advertising, publicity, promotional and marketing materials. 2. You hereby acknowledge and agree that: (a) U.S. Taco Co. shall have the right to crop, edit, alter or arrange the Submission in any way it desires in U.S. Taco Co. s sole discretion; (b) U.S. Taco Co. shall not have any obligation to provide you with any credit when using your Submission, but in the event U.S. Taco Co. chooses to provide you with credit the size and placement of the credit shall be at U.S. Taco Co. s sole discretion; (c) no confidential or fiduciary relationship exists between you and U.S. Taco Co., and that no such relationships have been established by reasons of this Agreement or by reason of my submission to U.S. Taco Co.;

5 (d) you shall waive any moral rights that you may have in the Submission; (e) You will not issue any publicity concerning U.S. Taco Co. and/or the Promotion; (f) you are not entitled to any compensation or other payment from U.S. Taco Co. in connection with the Submission; and (g) U.S. Taco Co. has not made any promises or representations to you in order to induce you to provide the Submission. You understand that U.S. Taco Co. will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this Agreement and may incur substantial expense in reliance upon these grant of rights, representations, warranties and indemnities should U.S. Taco Co. use your Submission. 3. You represent and warrant that: (a) You have the full power and authority to enter into this Agreement, to grant the rights herein and to perform all of your obligations set forth in this Agreement; (b) You are the author of the Submission and that each and every element of the Submission is an original work created by you; (c) You are the sole and exclusive owner of the Submission and all of the trademark and copyrights therein; (d) No third party is entitled to any compensation or payment as a condition for U.S. Taco Co. s use and exploitation of the Submission; (e) The Submission conforms to the Posting Rules. 4. You agree to defend, indemnify, and hold harmless U.S. Taco Co. and its agents, their parents, officers, directors, employees, consultants, licensees, agents, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorneys fees) resulting from claims made against U.S. Taco Co. or its agents by third parties arising from any breach, or alleged breach, of your representations, warranties or obligations hereunder. 5. You shall not sue, and you irrevocably, unconditionally and entirely release, waive and forever discharge U.S. Taco Co. and its agents, their parents, subsidiaries, affiliates, directors, officers, employees, agents, representatives, successors and assigns, jointly and individually (hereinafter collectively referred to as Releasees ), from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Releasees with respect to U.S. Taco Co. s use of the Submission, the Promotion and/or your decision to provide U.S. Taco Co. with your Submission. Without limiting the generality of the foregoing, you specifically acknowledge that you shall not be entitled to equitable or injunctive relief, which you knowingly and voluntarily waive and you shall not prevent or inhibit the exhibition, distribution, broadcast or other use or exploitation of the Submission and/or the Promotion. 6. You acknowledge that the Submission may contain concepts, ideas, materials, proposals, suggestions and the like relating to the Promotion and/or other U.S. Taco Co. initiatives (the Material ). With respect to the Material you acknowledge that: (a) U.S. Taco Co. receives numerous submissions from many parties and/or may have independently developed and/or considered similar Material and that U.S. Taco Co. s review of the Material is not an admission of novelty, priority or originality; and (b) U.S. Taco Co. s use of any similar Material whether based on your Submission, provided to U.S. Taco Co. by third parties, or independently developed or considered by U.S. Taco Co., shall be without obligation to you.

6 7. You hereby acknowledge that you have kept a copy of the Submission for your own use and that U.S. Taco Co. will not return the Submission provided by you. U.S. Taco Co. shall have the right to retain or destroy the Submission at its sole discretion, and you hereby release U.S. Taco Co. from any claims related thereto. 8. U.S. Taco Co. shall be entitled to assign or sublicense all or a portion of the rights and licenses granted herein and/or this Agreement in its entirety, without payment to you. You shall not have the right to assign this Agreement or any of your obligations herein and any such assignment is voidable by U.S. Taco Co. in its sole discretion. This Agreement is binding upon and shall inure to the benefit of the respective licensees, successors, heirs and permitted assigns of the parties hereto. HYPER-LINKS TO THIRD PARTY SITES The Sites may link to sites not maintained or related to U.S. Taco Co. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this web site or U.S. Taco Co. U.S. Taco Co. has not reviewed any or all of the sites hyper-linked to or from these web sites and is not responsible for the content of any other sites. Information you submit at a third party site accessible from these Sites is subject to the terms of that Site s privacy policy, and U.S. Taco Co. has no control over how your information is collected, used, or otherwise handled. The links are to be accessed at the user s own risk, and U.S. Taco Co. makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this web site. Further, U.S. Taco Co. does not implicitly endorse third-party sites hyper-linked to these Sites. MISCELLANEOUS You agree to indemnify and hold U.S. Taco Co., its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney s fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person. Both you and U.S. Taco Co. acknowledge and agree that no partnership is formed and neither of you nor U.S. Taco Co. has the power or the authority to obligate or bind the other. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. This Agreement has been entered into in the state of California and the validity, interpretation and legal effect of this Agreement shall be governed by the laws of California, without giving effect to its conflicts of laws principles. You consent to the exclusive jurisdiction of the federal and/or state courts of such state in regard to any dispute arising out of this Agreement.

7 This Agreement sets forth the entire understanding between you and U.S. Taco Co. with respect to the subject matter of this Agreement.