1.1 This Agreement governs your use of this web site and its associated services, including interactive chat and forum discussion areas (the “Interactive Areas”), which are owned and operated by Terra American Bistro, Inc. and its subsidiaries, affiliates, divisions and related companies (“Terra American Bistro, Terra Catering”).
2. Use of this Web Site.
2.1 You acknowledge that this Web Site contains information, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of Terra or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the “Content”). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Web Service. Users of the Web Site may use the Content only for their personal, noncommercial use. Users of this Web Site wanting to use the content for commercial use must obtain prior express written permission of Terra.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this Agreement. You may not use spiders, robots, data mining techniques or other automated techniques to catalog, download or otherwise reproduce, store or distribute content available on this Web Site. Further, you may not exceed the limited authorization and access granted to you under this Agreement. You may not resell use of, or access to this Web Site to any third party. Content consisting of downloadable software may not be reverse-engineered unless specifically authorized by the owner of the software’s patent and or copyright. Subject to the provisions of this Agreement, you may post on this Web Site any content owned by you (such as your original statements), content for which you have received express permission from the owner, and content in the public domain. You assume all right and responsibility for determining whether any content is in the public domain. You hereby grant to Terra a perpetual, worldwide, royalty-free, freely transferable right and license to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any content that you place on the Web Site without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
2.3 You may not download content on this web site that is indicated to be for sale except under the terms of the sale. Such content is the protected and copyrightable property of Terra. “Free” content may be downloaded for your personal use or noncommercial distribution consistent with the terms defined in this Agreement. When using both purchased and “free” content, you will maintain and include all copyright and other notices contained in such content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any content is permitted without the express permission of Terra or the owners of such content or their authorized persons if other than Terra.
3. Rules of Conduct.
You shall not post on this Web Site any content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (d) otherwise violates any applicable law or reputation. You may not post on this Web Site any links to any external Internet sites that are obscene or pornographic. You shall not use the Web Site for any commercial purpose not expressly approved by Terra, nor shall you distribute any advertising or solicitation of funds or goods and services or solicit users to join competitive online services.
4. Managing Content.
Terra does not and cannot review the content posted by users on this Web Site and is not responsible for such content. However, Terra reserves the right to delete, move or edit any content (including content posted in any Interactive Area) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content posted by you. Terra shall have the right but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.
5. No Endorsement.
5.1 Terra does not represent or endorse the accuracy or reliability of any content posted on any Interactive Area and you acknowledge that any reliance upon such content shall be at your sole risk. Any content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of Terra.
5.2 This Web Site may contain links to sites on the Internet, which are owned and operated by third parties (the “External Sites”). You acknowledge that Terra is not responsible for the availability of, or the content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You agree to indemnify, defend and hold Terra and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Terra Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Terra Party in connection with any use or alleged use of this Site or any content available on this Web Site, or any violation or alleged violation of applicable law or a third party’s rights, in each case by you or under your user name by any person, whether or not authorized by you. Terra reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Terra’s defense of such claim.
7. Termination of Service.
Terra reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this Web Site, including the Interactive Areas, at any time for any reason without prior notice or liability. Terra may change, suspend or discontinue all or any aspect of this Web Site at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER TERRA NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES TERRA, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THIS WEB SITE OR THE CONTENT. THIS WEB SITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER TERRA, THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THIS WEB SITE. NEITHER TERRA NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS WEB SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2. NEITHER TERRA NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF TERRA, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
This Agreement shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in San Diego County in the State of California. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive.
10. Digital Millennium Copyright Act (“DMCA”) Notice.
Materials may be made available via this Web Site by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with this Web Site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on this Web Site. If you believe any materials on this Web Site infringe a copyright, you should provide us with written notice that at a minimum contains:
i.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. 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, and information reasonably sufficient to permit us to locate the material;
iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Terra American Bistro, Inc.
Attn: Michael Rossman
7091 El Cajon Blvd
San Diego, California 92115 (619) 293-7088
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Should you have any questions about this Web Site, you may contact us at email@example.com .
Revised April 7, 2013