|
TERMS OF SERVICE (OTHERWISE KNOWN AS TOS TERMS
AND CONDITIONS OR SERVICE)
If you don't agree to the following then you need to
leave this website now!
Use of BBQPitBoys.com constitutes the
following:
THE MATERIALS AND VIDEOS ON THIS SITE ARE
TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE
SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,
IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE. BBQPITBOYS.COM AND TIMES
PUBLISHING MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY,
COMPLETENESS AND VALIDITY OF ANY MATERIALS ON THE
SITE.
The videos and materials provided in this Web site are for
entertainment, educational and promotional purposes only. User
may not rely on any information and opinions expressed in it
for any other purpose. Neither BBQPitBoys.com, Times
Publishing, nor its partners, affiliates, and their related
companies are responsible or liable for any loss damage
(including, but not limited to, actual, consequential, or
punitive), liability, claim, or other injury or cause related
to or resulting from any information posted on the
BBQPitBoys.com Web site.
Some videos are for Mature Audiences Only.
Information, articles, Press Releases,
videos, and links are published as a convenience to our
visitors. BBQPitBoys.com and Times Publishing take no
responsibility and give no guarantees, warranties or
representations, implied or otherwise, for the content or
accuracy.
LINKS
The Service may provide, or third parties may provide, videos,
and articles in BBQPitBoys.com, and/or links to other World
Wide Web sites or resources. Because BBQPitBoys.com and Times
Publishing, LLC has no control over such videos, articles,
sites and resources, you acknowledge and agree that
BBQPitBoys.com and Times Publishing, LLC are not responsible
for the content, or availability of such content, external
sites or resources, and does not endorse and is not responsible
or liable for any content, advertising, products, or other
materials, or available from other such sites or resources. You
further acknowledge and agree that BBQPitBoys.com and Times
Publishing, LLC shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such
content, goods or services available on or through
BBQPitBoys.com and Times Publishing, LLC, and any such
externally linked site or resource.
You acknowledge that BBQPitBoys.com and Times
Publishing, LLC contain Videos, Links, descriptions,
logos, trademarks and other material that are protected
by copyright, trademark or other proprietary rights (the
"Intellectual Property") of third-party content
providers. You may not copy, reproduce, alter or
otherwise use the Intellectual Property without written
permission from the appropriate third party content
provider.
Copyright Infringement. If you
believe Our activities infringe on your copyright or other
intellectual property rights, please inform us immediately at
the address below. It is our policy to cooperate with all
content providers regarding the protection of intellectual
property. Further, it is our policy to promptly respond to
notices of alleged infringement of copyright and other
applicable intellectual property laws, including the removal or
disabling of access to material claimed to be the subject of
infringing activity. Pursuant to the Digital Millennium
Copyright Act of 1998, For notice of alleged copyright
infringement please contact timespublishing.com for immediate
resolution.
NO PRE-SCREENING
BBQPitBoys.com may offer blogs, forums, video blogs (vlogs) and
other interactive areas where users can express opinions and
share ideas and information. BBQPitBoys.com and Times
Publishing, LLC cannot and does not monitor all of the material
posted or transmitted to BBQPitBoys.com. Additionally,
BBQPitBoys.com and Times Publishing do not control, and are not
responsible for content made available through BBQPitBoys.com
by third party providers and users.
DEALINGS WITH
ADVERTISERS
Your correspondence or business dealings with,
or participation in promotions of, advertisers found on
or through the Service, including payment and delivery of
related goods or services, and any other terms,
conditions, warranties or representations associated with
such dealings, are solely between you and such
advertiser. You agree that BBQPitBoys.com and Times
Publishing, LLC shall not be responsible or liable for
any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of
such advertisers on the Service.
TERMINATION
You agree that BBQPitBoys.com and Times
Publishing, LLC, in its sole discretion, may terminate
your account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service,
for any reason, including, without limitation, for lack
of use or if BBQPitBoys.com and Times Publishing, LLC
believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. BBQPitBoys.com and
Times Publishing, LLC may also in its sole discretion and
at any time discontinue providing the Service, or any
part thereof, with or without notice. You agree that any
termination of your access to the Service under any
provision of this TOS may be effected without prior
notice, and acknowledge and agree that BBQPitBoys.com and
Times Publishing, LLC may immediately deactivate or
delete your account and all related information and files
in your account and/or bar any further access to such
files or the Service. Further, you agree that
BBQPitBoys.com and Times Publishing, LLC shall not be
liable to you or any third-party for any termination of
your access to the Service.
PROPRIETARY
RIGHTS
You acknowledge and agree that the
Service and any necessary software used in connection
with the Service ("Software") contain proprietary and
confidential information that is protected by applicable
intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through
the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by
BBQPitBoys.com and Times Publishing, LLC or advertisers,
you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the
Service or the Software, in whole or in part.
DISCLAIMER OF
WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. BBQPITBOYS.COM
AND TIMES PUBLISHING, LLC EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. |
| b. |
BBQPITBOYS.COM AND TIMES
PUBLISHING, LLC MAKE NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED. |
| c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. |
| d. |
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM
BBQPITBOYS.COM AND TIMES PUBLISHING, LLC OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE
TOS. |
LIMITATION OF
LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
BBQPITBOYS.COM AND TIMES PUBLISHING, LLC SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BBQPITBOYS.COM
AND TIMES PUBLISHING, LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
Arbitration; location
Any dispute you may have with BBQPitBoys.com and Times Publishing, LLC, or any of its
officers, directors, employees, consultants, agents,
subsidiaries or affiliates relating in any way to this
agreement or your visit to or use of BBQPitBoys.com shall be
submitted to confidential arbitration, except that, to the
extent that we believe that you have in any manner violated or
threatened to violate our intellectual property rights, we may
seek injunctive or other appropriate relief in any state or
federal court in Connecticut, and you consent to exclusive
jurisdiction and venue in any such court, and you waive any
claim of inconvenient forum or similar claim. Arbitration under
this Agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The
arbitrator's award shall be binding, and may be entered as a
judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, unless otherwise elected by
us, no arbitration under this agreement shall be joined to any
arbitration involving any other party, whether through class
arbitration proceedings or otherwise.
NOTICES
Notices to you may be made via either email or
regular mail, or BBQPitBoys.com and Times Publishing, LLC
may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you
generally on the Service.
|