Cal BBQ Interactive Service AgreementFirst posted April 15, 2001 at 10:00 AM PDT (1700 GMT) 1. Definitions."Cal BBQ Interactive" is the interactive on-line service operated by California Barbecue Association, Inc. ("Cal BBQ") on the World Wide Web of the Internet, consisting of information services and content provided by Cal BBQ, affiliates of Cal BBQ and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of Cal BBQ Interactive. 2. General.(a) This Agreement, which incorporates by reference other provisions applicable to use of Cal BBQ Interactive, including, but not limited to, supplemental terms and conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing the use of certain specific material contained in Cal BBQ Interactive, sets forth the terms and conditions that apply to use of Cal BBQ Interactive by Subscriber. By using Cal BBQ Interactive (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use Cal BBQ Interactive is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any. (b) Cal BBQ shall have the right at any time to change or discontinue any aspect or feature of Cal BBQ Interactive, including, but not limited to, content, hours of availability, and equipment needed for access or use. 3. Changed Terms.Cal BBQ shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of Cal BBQ Interactive, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Cal BBQ Interactive, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of Cal BBQ Interactive by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions. 4. Equipment.Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Cal BBQ Interactive and all charges related thereto. 5. Subscriber Conduct.(a) Subscriber shall use Cal BBQ Interactive for lawful purposes only. Subscriber shall not post or transmit through Cal BBQ Interactive any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Cal BBQ's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Cal BBQ's discretion restricts or inhibits any other Subscriber from using or enjoying Cal BBQ Interactive will not be permitted. Subscriber shall not use Cal BBQ Interactive to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Cal BBQ Interactive. (b) Cal BBQ Interactive contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Cal BBQ Interactive are copyrighted as a collective work under the United States copyright laws. Cal BBQ owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Cal BBQ and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material. (c) Subscriber shall not upload, post or otherwise make available on Cal BBQ Interactive any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Cal BBQ Interactive, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Cal BBQ the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants Cal BBQ the right to edit, copy, publish and distribute any material made available on Cal BBQ Interactive by Subscriber. (d) The foregoing provisions of Section 5 are for the benefit of Cal BBQ, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. 6. Disclaimer of Warranty; Limitation of Liability.(a) SUBSCRIBER EXPRESSLY AGREES THAT USE OF Cal BBQ INTERACTIVE IS AT SUBSCRIBER'S SOLE RISK. NEITHER Cal BBQ, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT Cal BBQ INTERACTIVE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Cal BBQ INTERACTIVE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH Cal BBQ INTERACTIVE. (b) Cal BBQ INTERACTIVE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. (c) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT Cal BBQ IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER. (d) IN NO EVENT WILL Cal BBQ, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Cal BBQ INTERACTIVE OR THE Cal BBQ INTERACTIVE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Cal BBQ INTERACTIVE. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON Cal BBQ INTERACTIVE. (e) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Cal BBQ, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN Cal BBQ INTERACTIVE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, Cal BBQ, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. 7. Monitoring.Cal BBQ shall have the right, but not the obligation, to monitor the content of Cal BBQ Interactive, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Cal BBQ and to satisfy any law, regulation or authorized government request. Cal BBQ shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Cal BBQ Interactive. Without limiting the foregoing, Cal BBQ shall have the right to remove any material that Cal BBQ, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. 8. Indemnification.Subscriber agrees to defend, indemnify and hold harmless Cal BBQ, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Cal BBQ Interactive by Subscriber or Subscriber's Account. 9. Termination.Either Cal BBQ or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, Cal BBQ shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which Cal BBQ, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(b), 5(c), 5(d), 6, 8, 10 and this Section 9 shall survive termination of this Agreement. 10. Trademarks.Cal BBQ, Cal BBQ Interactive and each of their logos are trademarks of California Barbecue Association, Inc. All rights reserved. All other trademarks appearing on Cal BBQ Interactive are the property of their respective owners. 11. Third-Party Content.Cal BBQ is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, Cal BBQ has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of Cal BBQ Interactive, are those of the respective author(s) or distributor(s) and not of Cal BBQ. Neither Cal BBQ nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through Cal BBQ Interactive represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with Cal BBQ. Cal BBQ neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Cal BBQ Interactive by anyone other than authorized Cal BBQ employee spokespersons while acting in their official capacities. Under no circumstances will Cal BBQ be liable for any loss or damage caused by a Subscriber's reliance on information obtained through Cal BBQ Interactive. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Cal BBQ Interactive. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. 12. Miscellaneous.This Agreement and any operating rules for Cal BBQ Interactive established by Cal BBQ constitute the entire agreement of the parties with respect to the subject matter hereof, and they supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. 13. Copyrights and Copyright Agent.Cal BBQ respects the rights of all copyright holders and in this regard, Cal BBQ has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cal BBQ's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyright 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; (c) 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; (d) Information reasonably sufficient to permit us to contact the complaining party; (e) 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 (f) 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. Cal BBQ's Copyright Agent for notice of claims of copyright infringement on or regarding this site may be reached as follows: For any questions or requests other than copyright issues, please provide online feedback. Copyright Agent 14. Supplemental Terms.BBQ FAQ Version 1.0 and 2.0, copyright © 1997 and 1998 William W. Wight ("Copyright Owner").
Copyright Owner hereby gives permission to Subscriber to copy and distribute the BBQ FAQ if, any only if, Subscriber complies with each of the following three conditions: (a) the BBQ FAQ shall be used exclusively for the personal and non-commercial use of Subscriber; (b) the BBQ FAQ is copied and distributed in its entirety, with the contributors' names and this copyright notice intact; and (c) notice of Subscriber's name, address, telephone number and email address, and notice of the type of use by Subscriber are given to Copyright Owner via the postal mail, fax or email address described above. Except only for the permitted use which is hereinabove expressly described, the text of the BBQ FAQ shall not be published, rewritten for broadcast or publication, or redistributed in any medium, whether directly or indirectly, and neither the BBQ FAQ nor any portion thereof shall be printed, copies or stored in any computer or otherwise. Subscriber shall not hold the copyright holder or owner liable for any inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising from any of the foregoing. Copyright 1997, 1998. William W. Wight. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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