PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE
SERVICES (THE "SERVICES") FROM POLLO CAMPERO. BY USING THE
SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO
THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.
- General. The Services include all means by which Pollo
Campero provides content to you or receives content from you,
including, without limitation, Pollo Campero websites,
download-able softwareapplications, delivery of Pollo Campero
content to you at your request, mobile web sites, mobile
download-able applications, services that allow you to submit
content to Pollo Campero, blog submission services, chat rooms and
message boards. The Services are owned and operated by Pollo
Campero. Pollo Campero has the right at any time to change or
discontinue any aspect or feature of the Services, including,
without limitation, the content, hours of availability, and
equipment needed for access or use of the Services.
- Equipment. You shall be responsible for obtaining and
maintaining all telephone, computer hardware and other equipment
needed for access to and use of the Services and all charges
related thereto.
- Restrictions on Use.
- You shall use the Services for lawful purposes only. You shall
not post or transmit through the Services 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, gives rise to civil liability or otherwise
violate any law. Without Pollo Campero's express prior approval,
you shall not post or transmit through the Services any material
which contains advertising or any solicitation with respect to
products or services. You shall not use the Services to advertise
or perform any commercial solicitation, including, without
limitation, the solicitation of users to become subscribers of
other on-line information services competitive with the Services.
Any conduct by you that in Pollo Campero's discretion restricts or
inhibits any other user from using or enjoying the Services will
not be permitted.
- The Services contains copyrighted material, trademarks and
other proprietary information, including, without limitation, text,
software, images,video, graphics, music and sound, and the contents
of the Services are copyrighted under the United States copyright
laws. You may not modify, publish, transmit, display, participate
in the transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. 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 written permission of Pollo Campero 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 and no ownership rights shall be transferred.
- You shall not e-mail, upload, post or otherwise make available
on the Services any material protected by the 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 you. You shall be solely liable for any damage
resulting from any infringement of copyrights, proprietary rights,
or any other harm resulting from such a submission. Subject to
Pollo Campero's policies regarding privacy, any e-mails, notes,
message/billboard/forum postings, images, videos, ideas,
suggestions, concepts or other material submitted will be treated
as non-confidential and non-proprietary and will become the
property of Pollo Campero throughout the universe. By submitting
material to Pollo Campero, you automatically grant, or warrant that
the owner of such material has expressly granted Pollo Campero the
royalty-free, worldwide, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish,
display, translate, perform, edit, transmit, reformat, sublicense
and distribute such material (in whole or in part, directly or
indirectly) and/or to incorporate it in other works in any form,
media or technology now known or hereafter developed; you waive
your rights to attribution, integrity, or moral rights in the
materials in connection with their use by Pollo Campero and other
authorized parties; you agree to allow use of your name and city on
the Services and in publicity or advertising without compensation;
and you understand and agree that Pollo Campero shall have no
obligation to copy, publish, display or otherwise exploit the
materials, nor shall they be obligated to prevent, or have any
liability for, any unauthorized copying, publishing, displaying or
other exploitation of the materials. You grant Pollo Campero and
RSS the right to edit, copy, display, publish and distribute any
materials made available on the Services by you.
- The foregoing provisions of Section 3 are for the benefit of
Pollo Campero, 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.
- Disclaimer of Warranty; Limitation of Liability.
- YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE
RISK. NEITHER Pollo Campero, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF THE SERVICES, OR FROM THE INFORMATION
CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE
SERVICES.
- THE SERVICES ARE 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 APPLICABLE LAW. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF
THE SERVICES.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY,
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 THE SERVICES,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING,
WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE
DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT Pollo Campero IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL
Pollo Campero's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT
LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY
(INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES. THIS DOES NOT
AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
- Monitoring. Pollo Campero shall have the right in its sole
discretion to refuse to post or remove any material submitted to or
posted on the Services. Pollo Campero does not have an obligation
to review posted material on the Services, and Pollo Campero cannot
assure that the material will either be appropriate or
appropriately expressed. Pollo Campero cannot publish all material
submitted to the Services. The choice of which material is selected
for the Services is at the sole discretion of Pollo Campero and
cannot be disputed. Without limiting the foregoing, Pollo Campero
shall have the right to remove any material that Pollo Campero, in
its sole discretion, finds to be in violation of the provisions
hereof or otherwise objectionable.
- Indemnification. You agree to defend, indemnify and hold
harmless Pollo Campero and its suppliers, licensors and affiliated
companies and their respective directors, officers, employees,
contractors and agents from and against any and all claims,
actions, demands, damages, costs, liabilities, losses and expenses
(including reasonable attorneys' fees and costs) arising out,
relating to or in connection with (a) your use of the Services, (b)
the content of any materials you submit, (c) any violation of any
law or regulation by you, and (d) this agreement.
- Trademarks. Pollo Campero, and their logos are trademarks of
Pollo Campero. All rights reserved. All other trademarks appearing
on the Services are the property of Pollo Campero or their
respective owners.
- Third Party Content. Pollo Campero is not a publisher of
content supplied by third parties and users of the Services.
Accordingly, Pollo Campero 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 and users, are those of
the respective author(s) or distributor(s) and not of Pollo
Campero. In many instances, the content available through the
Services represents the opinions and judgments of the respective
information provider or user. Pollo Campero neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice
or statement made on the Services by anyone other than authorized
Pollo Campero employee spokespersons while acting in their official
capacities.
- Viruses. Pollo Campero also assumes no responsibility, and
shall not be liable for, any damages to, or viruses that may
infect, your computer equipment or other property on account of
your access to, use of, or browsing in the Services or your
downloading of any materials, data, text, images, video, or audio
from the Services.
- Export Control. Software and other materials from the Services
may also be subject to United States Export Control. The United
States Export Control laws prohibit the export of certain technical
data and software to certain territories. No software from the
Services may be downloaded or exported (1) into (or to a national
or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other
country to which the United States has embargoed goods; or (2)
anyone on the United States Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of
Deny Orders. Pollo Campero does not authorize the downloading or
exportation of any software or technical data from the Services to
any jurisdiction prohibited by the United States Export Laws.
- Business Associates. The business associates of Pollo Campero
identified on the Services are independent contractors of Pollo
Campero. The business associates are not joint venturers or
partners of Pollo Campero. No employee or representative of the
business associates is under the control of Pollo Campero.
- Changed Terms. Pollo Campero has the right at any time to
change or modify the terms and conditions applicable to use of the
Services, or any part thereof, or to impose new conditions,
including, without limitation, adding fees and charges for use.
Such changes, modifications, additions or deletions shall be
effective immediately upon notice thereof, which may be given by
any means including, without limitation, posting on the Services,
or by electronic or conventional mail, or by any other means. Any
use of the Services by you after such notice shall be deemed to
constitute acceptance of such changes, modifications, additions or
deletions.
- Miscellaneous. These terms of use constitute the entire
agreement of the parties with respect to the subject matter hereof
and 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 Texas
without regard to its conflicts of law principles. All disputes
under this Agreement shall be resolved by the State Courts of
Dallas County in the State of Texas or in the United States
District Court for the Northern District of Texas, and each party
consents to the exclusive jurisdiction of such courts and hereby
waives any jurisdictional or venue defenses otherwise available to
it. No waiver by Pollo Campero 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.
- Links. The Services incorporate links to other Web sites. Pollo
Campero does not in any way endorse, nor is it responsible for, the
content on those other Web sites.
- Copyrights and Copyright Agent. If you believe that your
copyrighted work has been copied in a way that constitutes
copyright infringement, please provide Pollo Campero's Copyright
Agent the following information in writing, as required by the
Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"):
-
- A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed;
- 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;
- 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 Pollo Campero to locate the
material;
- Information reasonably sufficient to permit Pollo Campero to
contact you;
- A statement that you have 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
- 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.
Our agent for notice of claims of copyright infringement on the
Services can be reached as follows:
Pollo Campero
5420 Lyndon B. Johnson Freeway
Lincoln Centre Tower II, Suite 1375
Dallas, Texas 75240
Attn: Copyright Management
This contact information is only for reporting copyright
infringement. Contact information for other matters is provided
elsewhere on this site.