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Terms of Use

DELTA BEANS, LLC TERMS OF USE AGREEMENT

Acceptance of Terms of Use.
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. Delta Beans (DB) owns and operates this Web site, located at http://www.menuism.com (the Web Site). This Terms of Use Agreement (this Agreement) states the terms and conditions under which you may access and use the Web site. By accessing and using the Web site you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Web site. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF DB's WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. DB may revise this Agreement at any time by updating this posting. Use of the Web site after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.

Ownership.
All materials displayed or otherwise accessible through the Web site, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the Content) are protected under American and foreign copyright or other laws, and are owned by DB. In addition, the Web site is protected under copyright law as a collective work and/or compilation pursuant to American and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Web site. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF DB.

Trademarks.
DELTA BEANS, MENUISM, AND FOODHA are official marks or trademarks of DB. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Web site may constitute registered or unregistered trademarks of DB or third parties. While certain trademarks of third parties may be used by DB under license, the display of third-party trademarks on the Web site should not be taken to imply any relationship or license between DB and the owner of said trademark or to imply that DB endorses the wares, services or business of the owner of said trademark. Nothing contained on the Web site should be construed as granting you any license or right to use any trademark logo or design of DB or any third party, without the written permission of DB or the respective owner of any third-party trademark.

DISCLAIMER OF WARRANTIES.
THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. DB MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEB SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL BE CORRECTED; (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED.

LIMITATION OF LIABILITY.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL DB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF DB KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Software Licenses and Ownership.
All software embedded in or located on or at the Web site, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by DB, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Web site, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software.

If the Web site provides Software for download, unless otherwise provided, you are hereby granted, subject (i) to the terms of this Agreement and (ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.

Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, license, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.

Nothing contained in the Web site shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Web site or made available for download from the Web site, including, but not limited, to any intellectual property rights in the Software.

All Software embedded or integrated into the Web site is provided As Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.

Submissions.
The Web site may provide features that allow you to post messages and content, to interact with DB and other users and to upload files, documents or other materials (collectively, Submissions). When using any of the features of the Web site which allow you to post, upload or make Submissions, it is a condition of your use of the Web site that you observe the rules of netiquette and that you do not:

(i) restrict or inhibit any other user from using and enjoying the Web site, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of DB imposes an unreasonable or disproportionately large load on the DB website infrastructure;

(ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;

(iii) post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;

(iv) post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons;

(v) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(vi) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses;

(vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or

(viii) use the Web site for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.

By posting or uploading Submissions to the Web site, you agree to and hereby grant, and you represent and warrant that you have the right to grant, DB a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights.

In addition to the grant of the above license, you hereby (i) consent to your screenname appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in a Submission; (ii) acknowledge and agree that DB is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iii) acknowledge and agree that any Submissions you provide for display on the Web site will be considered non-confidential.

DB may review Submissions before they are posted. DB may refuse to post any Submission to the Web site. DB reserves the right, in its sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions hereof or otherwise objectionable. You acknowledge and agree that DB may, in its sole discretion, monitor the Web site periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Web site properly or to protect itself or other users of the Web site. Any such disclosure shall be in accordance with DB's Privacy Policy.

DB is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of DB.

While DB is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Web site and terminating the submitting party's right to access and use the Web site (or any portion thereof).

Registration.
To use certain features of the Web site, you may be asked to register with the Web site. You agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If DB has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DB has the right to suspend or terminate your access to and use of the Web site (or any portion thereof).

Passwords.
To use certain features of the Web site, you may also need a username and password, which you will receive through the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify DB immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. DB cannot and will not be liable for any loss or damage arising from DB's failure or your failure to protect your password or account information.

Termination.
DB may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Web site, (or any portion thereof). DB may also terminate your right to access and use the Web site, or any part of the Web site, if you breach any term or condition of this Agreement.

Privacy.
Use of the this site is also governed by our Privacy Policy, a copy of which is located at http://www.menuism.com/about/privacy.

Restriction on Right of Use.
You agree not to (and agree not to allow any third party to) use any robot, spidering application, Web site search/retrieval application, or any other device, to download or index any portion of this Web site.

Governing Law and Jurisdiction.
The Web site (excluding linked Web sites) is controlled by DB. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and/or the Content shall be governed by the laws of Illinois. You agree and hereby submit to the non-exclusive jurisdiction of Illinois courts with respect to such matters.

General.
Any consent by DB to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with DB that expressly reference this Agreement, this is the entire agreement between you and DB relating to the matters contained herein.


October 2006, Delta Beans, LLC. All rights reserved.