Privacy policy, Terms of Service, and User Agreement
ACCEPTANCE OF TERMS OF USE
These Terms of Use govern your use of the www.eddiescalzones.com web site (“the Website”). By using the Website, you accept and agree to be bound by these Terms of Use. If theTerms of Use are not to your liking, you should not use the Website. These Terms of Use are an ongoing contract between you Eddies Calzones and all entities involved with Eddies Calzones, and apply to your use of the Website. Please read the Terms of Use carefully.
CHANGES TO TERMS OF USE
Eddies Calzones reserves the right, as often as desired or needed, with or without notice to you, to change these Terms of Use in our discretion as we see fit. To view the Terms of Use, click the “Privacy Policy” located on the home page of the website. The most recent version of the Terms of Use will supersede all previous versions. Use of the Website after changes are made means that you agree to such changes.
DELIVERY POLICY
Products for delivery will be made by an employee of Eddies Calzones. General delivery time of products is stated during checkout.
SECURITY POLICY
Eddies Calzones utilizes 256 bit encryption for all personal information. 512 bit encryption for all credit card information.
REFUND POLICY
No refunds accepted. Please contact your local Eddies Calzones restaurant with inquiries and issues with our service or product.
PRIVACY POLICY
Eddies Calzones is committed to protecting the privacy of the personal information you provide us on the Website. We will not sell your personal information to anyone or any party. Your personal information is for the sole use of Eddies Calzones.
YOUR ACCEPTANCE
By using or visiting or Website, including all content involved with the domain name eddiescalzones.com, or any site operated by Eddies Calzones, you acknowledge your knowledge of the exact content of these “Terms of Service”. If you do not agree to any of the terms mentioned, then permission is not granted to you to use the Website.
EDDIES CALZONES WEBSITE
These Terms of Service apply to all users and viewers of the Website, including users who are also contributors of photo content, written information, and other materials on the Website. The Website assumes no responsibility for, the content, privacy policies, or practices of any third party websites posted on the Website. By using the Website, you relieve Eddies Calzones from any and all liability resulting from your use of any third-party website.
WEBSITE ACCESS
Eddies Calzones allows you permission to use the Website as proposed in this Terms of Service, afforded that: (i) your use of the Website is solely for your personal use only; (ii) you will not duplicate or allocate any part of the Website in any form without Eddies Calzones’ prior written permission; (iii) you will not modify any part of the Website; and (iv) you will otherwise act in accordance with with the terms and conditions of these Terms of Service.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website, except all User Submissions (as defined below), as well as without limitation, the text, software, scripts, music, colors in arrangement, photos, videos, and the trademarks, service marks and logos contained on the Website are owned by or licensed to Eddies Calzones, subject to copyright, trademark, and other intellectual property rights under United States law. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, duplicated, distributed, broadcasted, shown, sold, or otherwise exploited for any other purposes without prior written consent of the owners of the content. Eddies Calzones reserves all rights not specifically granted to the Website and the Content. You agree to not participate in the copying, distribution, or usage of any of the Content, unless expressly permitted, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you utilize a copy of the Content for personal use, you must comply with all copyright and other proprietary notices contained therein.
USER SUBMISSIONS
A. The Website may now or potentially permit the submission of photos, audio, videos or other communications submitted by you and other users and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Eddies Calzones does not guarantee any confidentiality in regards to any submissions. You agree that Eddies Calzones may publish your name and User Submission on the Eddies Calzones website or in other media items. B. The user shall be exclusively responsible for personal User Submissions and the consequences of posting or publishing them. In association with User Submissions, you confirm, correspond to, and/or warrant that: (i) you have the necessary licenses, rights, and authorization to use and allow Eddies Calzones to use all copyright, trademark, trade secret, patent, or other proprietary rights in the method determined by the Website and these Terms of Service; and (ii) you have the written authority, release, and consent of each and every individual being in the User Submission to use the name or resemblance of each and every such individual person to facilitate inclusion and use of the User Submissions in the manner contemplated by these Terms of Service and the Website. By submitting the User Submissions to Eddies Calzones, you therefore grant Eddies Calzones a permanent worldwide, non-exclusive, royalty-free, transferable license to use, replicate, allocate, and exhibit the User Submissions in connection with the Website and the Eddies Calzones. This includes promotion and redistribution of part or the entire Website in any media formats and through any media channels. You also therefore grant each beneficiary of any User Submission a non-exclusive authorization to access your User Submissions through the Website, and to utilize, replicate, allocate, and display such User Submissions as allowed through the abilities of the Website and under these Terms of Service. C. In connection with User Submissions, you agree that you will not: (i) publish falsehoods or misrepresentations that could damage Eddies Calzones(ii) surrender material that is illegal, defamatory, threatening, harassing, hateful, racially or ethnically offensive, pornographic or encourages action that would be considered a crime, or is otherwise inappropriate; (iii) solicit other businesses Eddies Calzones does not allow copyright infringing activities and breach of intellectual property rights on its Website. Eddies Calzones also reserves the right to decide if a User Submission is appropriate and coincides with these Terms of Service for violations other than copyright infringement and violations of intellectual property law. In addition, you consent that you will not email any User Submissions to individuals with whom you are not associated. D. If you are a copyright owner and deem that any User Submission or other content infringes upon your copyrights, you may put forward a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 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. 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 the service provider to locate the material; iv. Information reasonably sufficient to contact you, such as an address, telephone number, and an electronic mail; v. A statement that you have a belief that utilization of the material in the manner complained of is not sanctioned 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. E. You understand that when using the Website that Eddies Calzones is not responsible for the intellectual property rights of or relating to such User Submissions. You also recognize and concede that you may notice User Submissions that are erroneous, distasteful, or offensive, and you agree to waive, and hereby do waive, any legal rights you have or may have against Eddies Calzones with respect to its Owners/Operators, affiliates to the fullest extent allowed by law regarding all matters related to your use of the site. WARRANTY DISCLAIMER Eddies Calzones maintains this site for your convenience. Eddies Calzones, its principals and employees do not guarantee the accuracy, validity, timelessness, completeness or suitability of any information or data made available to you though this site. Information contained on this site is published in good faith, and while Eddies Calzones takes reasonable steps to ensure its accuracy Eddies Calzones disclaims all warranties, express or implied, including, but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose, for the information provided on this website. Eddies Calzones will not be liable for any damages or injuries arising out of your use of any such information or data, including without limitation, damages relating to any (i) error, omission, interruption, delay in operation or transmission, (ii) computer virus, worm, malware, spyware, “trojan horse” or “phishing” program, (iii) failure or defect in any communication facilities, hardware or software, (iv) theft and destruction or unauthorized access to, alteration of, or use of information, whether resulting in whole or in part from negligence or otherwise. Your use of this website is at your own risk. LIMITATION OF LIABILITY You agree not to hold Eddies Calzones, its owners, officers, employees, agents, contractors and affiliates liable under any cause of action or legal theory, including without limitation, personal bodily injury, loss of property, loss of goodwill, work stoppage, computer failure, or ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE or any information or content that you make available to us. You agree to waive such damages, including without limitation, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. DISCLOSURE OF YOUR RIGHTS This disclaimer of warranty constitutes an essential part of this Agreement. Nonetheless, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Regardless of whether such limitation or other limitation of liability set forth in this Agreement should apply to You, You agree that the limitations of liability set forth in this paragraph and elsewhere in this Agreement shall be construed to be as broad as is permissible under applicable law. YOU SPECIFICALLY ACKNOWLEDGE THAT EDDIES CALZONES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE SLANDEROUS, DISTASTEFUL, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE PRECEDING LIES ENTIRELY WITH YOU. INDEMNITY You agree to defend, assure and hold harmless Eddies Calzones, its affiliates and employees, from and against any and all claims, damages, responsibilities, losses, and expenses (including but not limited to attorney’s fees) in reference to: (i) your use of the Website; (ii) your infringement of any of these Terms of Service; (iii) your abuse of any third party right (iv) any declaration that one of your User Submissions caused damage to a third party. This indemnification obligation will survive these Terms of Service and any use of the Website by you. ABILITY TO ACCEPT TERMS OF SERVICE You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are able and competent to enter into the terms and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You also affirm that you are over the age of 13, as the Eddies Calzones Website is only intended for children those over the age 13. If you are under 13 years of age, please do not use the Eddies Calzones Website. EDDIES CALZONES’ INTELLECTUAL PROPERTY The trademarks and related proprietary property displayed on the Website are protected from reproduction and simulation under national laws and are not to be utilized without the expressed written consent of Eddies Calzones. The text, graphics and html code contained in this web site are the exclusive property of Eddies Calzones. Except where otherwise noted, the text, graphics and html code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior written permission of Eddies Calzones. GENERAL If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the failure by Eddies Calzones to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Eddies Calzones reserves the right to revise these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Eddies Calzones Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND EDDIES CALZONES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST INITIATE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.