The
Site 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 Site are
either the property of, or used with permission by Taco Bell. Taco
Bell 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 Site, 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 Site, or trademarks, service marks, or trade dress
found within the Site 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 Site 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 Site. You agree
not to display or use any Content or third party content located
on the Site 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 Taco Bell
and/or its licensors, that dilutes the strength of Taco Bell or
its licensor’s property, or that otherwise infringes Taco
Bell or its licensor’s intellectual property rights.
NO
WARRANTY; LIMITATION OF LIABILITY
Taco Bell strives to ensure that the information contained in this
web site is accurate and reliable. However, Taco Bell and the World
Wide Web (or Web Site Host) are not infallible and errors may sometimes
occur. Therefore, TACO BELL HEREBY NOTIFIES YOU THAT THIS SITE IS
PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND to the
fullest extent permissible BY applicable law, Taco Bell disclaims
any warranty of any kind, whether express or implied, as to any
matter whatsoever relating to this web site, including without limitation
the merchantability or fitness for any particular purpose.
Taco
Bell 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 this site OR ANY FEATURE ON THIS
SITE (such as viruses, omissions, misstatements, mistakes, interruptions,
or ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND
TACO BELL’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 Taco Bell’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 Site or any Content will be
at your own risk. Taco Bell also makes no representations regarding
the amount of time that any Content will be preserved. Taco Bell
may from time to time revise the information, services and the resources
contained in this web site and reserves the right to make such changes
without any obligation to notify past, current or prospective visitors.
In no event shall Taco Bell be liable for any indirect, special,
incidental, or consequential damages arising out of any use of the
information contained herein. You acknowledge that Taco Bell may,
in its sole discretion and at any time, discontinue this Site or
any part thereof, with or without notice. You agree that you do
not have any rights in this Site, and that Taco Bell will have no
liability to you if this Site is discontinued or your ability to
access it is terminated.
COMMUNICATING
WITH TACO BELL
On certain areas of our Site, you may be given the ability to contact
us by electronic mail, for example, to sign up for services such
as e-mail 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 this Site is governed by our Privacy
Policy.
By
entering the Site 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 Taco Bell may be used by Taco
Bell 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 website such as signing up for e-mail 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.
INTERACTIVE
FEATURES AND USER GENERATED CONTENT
On
certain areas of our Site, such as video upload features, message
boards, or chat rooms, you will 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. Taco Bell 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 this Site are governed
by and subject to the following terms (“Posting Rules”).
Taco Bell 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 Site, 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.
Taco Bell does not necessarily, however, monitor any materials posted,
transmitted, or communicated to or within the Site.
•
Responsibility of Postings: You understand and acknowledge that
messages and postings are the sole responsibility of the author,
and that Taco Bell 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 Taco Bell.
•
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 Taco Bell. 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 this Site 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 Taco Bell’s system
or a third party’s computer. You further agree that you will
not post any content that undermines the operation of the Site,
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 email and submit to webmaster@fourthmeal.com. Taco Bell
may, but typically will not, acknowledge receipt of your complaint.
You agree that Taco Bell cannot and will not act as arbiter of disputes
arising from third party communications or transmission to the Site.
For more information on submitting complaints, please contact webmaster@fourthmeal.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 the Site violates the Terms and Conditions
or you wish to send an e-mail to Taco Bell, please Click Here. If
you are a copyright or trademark owner and you believe your rights
have been violated, please follow our Proprietary Rights Complaint
Process.
USER
GENERATED SUBMISSION LICENSE AGREEMENT
THIS
AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO ENTER INTO
A LEGAL AND BINDING AGREEMENT WITH TACO BELL. PLEASE READ THIS AGREEMENT
VERY CAREFULLY AND MAKE SURE YOU UNDERSTAND YOUR RIGHTS AND OBLIGATIONS
BEFORE SIGNING THIS AGREEMENT AND SUBMITTING ANY MATERIALS TO TACO
BELL. BY CLICKING ON THE “SUBMIT” BOX BELOW YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS. Any submission(s) you
make on this website 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 Taco Bell 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) Taco Bell shall have
the right to crop, edit, alter or arrange the Submission in any
way it desires in Taco Bell’s sole discretion; (b) Taco Bell
shall not have any obligation to provide you with any credit when
using your Submission, but in the event Taco Bell chooses to provide
you with credit the size and placement of the credit shall be at
Taco Bell’s sole discretion; (c) no confidential or fiduciary
relationship exists between you and Taco Bell, and that no such
relationships have been established by reasons of this Agreement
or by reason of my submission to Taco Bell; (d) you shall waive
any “moral rights” that you may have in the Submission;
(e) You will not issue any publicity concerning Taco Bell and/or
the Promotion; (f) you are not entitled to any compensation or other
payment from Taco Bell in connection with the Submission; and (g)
Taco Bell has not made any promises or representations to you in
order to induce you to provide the Submission. You understand that
Taco Bell 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 Taco Bell 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 Taco Bell’s
use and exploitation of the Submission; (e) The Submission conforms
to the Posting Rules.
4.
You agree to defend, indemnify, and hold harmless Taco Bell 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 Taco Bell 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 Taco Bell 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 Taco Bell’s use of the Submission,
the Promotion and/or your decision to provide Taco Bell 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 Taco Bell initiatives (the “Material”).
With respect to the Material you acknowledge that: (a) Taco Bell
receives numerous submissions from many parties and/or may have
independently developed and/or considered similar Material and that
Taco Bell’s review of the Material is not an admission of
novelty, priority or originality; and (b) Taco Bell’s use
of any similar Material whether based on your Submission, provided
to Taco Bell by third parties, or independently developed or considered
by Taco Bell, shall be without obligation to you.
7.
You hereby acknowledge that you have kept a copy of the Submission
for your own use and that Taco Bell will not return the Submission
provided by you. Taco Bell shall have the right to retain or destroy
the Submission at its sole discretion, and you hereby release Taco
Bell from any claims related thereto.
8.
Taco Bell 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 Taco Bell 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
web site may link to sites not maintained or related to Taco Bell.
Hyper-text links are provided as a service to users and are not
sponsored by or affiliated with this web site or Taco Bell. Taco
Bell has not reviewed any or all of the sites hyper-linked to or
from this web site and is not responsible for the content of any
other sites. Information you submit at a third party site accessible
from this Site is subject to the terms of that Site’s privacy
policy, and Taco Bell 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 Taco Bell makes no representations
or warranties about the content, completeness, or accuracy of these
links or the sites hyper-linked to this web site. Further, Taco
Bell does not implicitly endorse third-party sites hyper-linked
to this web site.
MISCELLANEOUS
You
agree to indemnify and hold Taco Bell, 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 Taco Bell acknowledge and agree that no partnership is formed
and neither of you nor Taco Bell 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.
This
Agreement sets forth the entire understanding between you and Taco
Bell with respect to the subject matter of this Agreement.