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John's Incredible Pizza Company
Effective Date: 11/29/11
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John’s Incredible Pizza Company appreciates your participation in its Social Media
platforms, available through Facebook, Twitter, YouTube, Google Places, Blogs,
Review Sites, etc. Users of John’s Incredible Pizza Company’s social media platforms
are expected to comply with the platform’s specific social media Statement of Rights,
other terms, conditions, and policies may apply. In addition, John’s Incredible Pizza
Company has provided the following Terms of Use, we may change these Terms from time
to time by posting the revised Terms at this URL (http://www.johnspizza.com/terms).
The last revision of these terms can be found by referring to the “Last Updated”
legend above. Note that John’s Incredible Pizza Company is unaffiliated with the
various social media platforms such as Facebook, Twitter, YouTube, Google Places,
Blogs, Review Sites, etc. and John’s Incredible Pizza Company has no control over
any of the terms, conditions, or policies posted on the various social media websites;
and is not responsible for any social media related acts or omissions.
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Material on John’s Incredible Pizza Company Social Media Platforms
The information and materials available on any of John’s Incredible Pizza Company social
media platform, which may include photographs, audiovisual materials, software, links,
and comments (collectively, “Materials”), do not necessarily reflect the opinions and
views of John’s Incredible Pizza Company. John’s Incredible Pizza Company is not
responsible or liable for, and does not represent or warrant the accuracy of, any
posted materials. Posted materials may not be reliable and you should not make any
decision or take any action based on posted materials, particularly those whose
reliability you cannot confirm independently.
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Your Posts to any John’s Incredible Pizza Company’s Social Media Platform
We welcome your interaction with other users on any John’s Incredible Pizza Company
social media platform. However, Please keep in mind that John’s Incredible Pizza
Company social media platforms are public forums and that any information or materials
you post will be publicly available; therefore, you should exercise caution in
deciding whether to disclose any personal, financial, or other sensitive information
on any social media platform. If you choose to post to any of John’s Incredible Pizza
Company’s social media platforms, you grant John’s Incredible Pizza Company and its
designees a non-exclusive, transferable, sub-licensable, royalty-free, perpetual,
worldwide license to use the information and materials you post for any purpose that
we deem appropriate in our sole discretion Also, if you choose to post to any of
John’s Incredible Pizza Company’s social media platforms, John’s Incredible Pizza
Company expects that your posts will be courteous and on-topic, and that you will
not post any of the following materials or links thereto: defamatory, fraudulent,
misleading, abusive, hateful, threatening, or harassing materials; materials that
are obscene or contain profanity; solicitations for commercial activities or other
statements that do not generally relate to John’s Incredible Pizza Company topics
within the platform; personally identifiable information, such as phone numbers or
addresses; materials that may violate the law or any intellectual property, publicity,
or privacy rights; files that contain viruses or other materials that may interfere
with the operation of or harm any computer, network, or equipment; or materials that
are unrelated to John’s Incredible Pizza Company (collectively, “Unsuitable Content”).
None of your postings will be subject to any obligation, whether of confidentiality,
attribution or otherwise, on John’s Incredible Pizza Company’s part, and we will not
be liable for any use or disclosure of such postings.
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Monitoring, Deleting and Blocking
John’s Incredible Pizza Company reserves the right, but is not obligated, to monitor
and, in its sole discretion, to delete any materials and postings or to block any
users from any social media platform John’s Incredible Pizza Company is not
responsible for preserving or archiving copies of your posts. John’s Incredible Pizza
Company also reserves the right to disclose any posting, the circumstances surrounding
its transmission, and the identity of the poster for any purpose, including without
limitation in order to operate any of John’s Incredible Pizza Company’s platform
properly, to protect John’s Incredible Pizza Company, its affiliated companies, and
other John’s Incredible Pizza Company platform users, and to comply with legal
obligations or governmental requests.
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Questions About Our Products
John’s Incredible Pizza Company social media platforms may not be the most effective
way to inform us that you need help with one of our products. If you’d like to tell
us about a specific problem, please e-mail us through the “Contact Us” section of
www.johnspizza.com with a description of your concerns, and we will try to respond
when possible. John’s Incredible Pizza Company is not responsible or liable for any
information it provides in response to, or for any failure or delay in responding to,
any questions, comments, or other materials posted to any of John’s Incredible Pizza
Company’s social media platforms.
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Intellectual Property
The materials posted on any of John’s Incredible Pizza Company’s social media platforms
by John’s Incredible Pizza Company are protected by copyright, trademark, and other
intellectual property rights, which are owned and controlled by John’s Incredible
Pizza Company, its affiliated or related entities, and/or its third party content
licensors or suppliers. Nothing contained on John’s Incredible Pizza Company’s social
media platforms grants or should be construed as granting any license or right to
make commercial use of any John’s Incredible Pizza Company or third-party copyrighted
materials, trademarks, or intellectual property rights without John’s Incredible Pizza
Company’s prior written permission.
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Disclaimer of Warranties
Your access to and use of any of John’s Incredible Pizza Company’s social media
platforms and materials is at your own risk. All Materials are provided “AS IS” and we
are not responsible for their use or misuse. Access to any of John’s Incredible Pizza
Company’s social media platforms from locations where any of John’s Incredible Pizza
Company’s social media platforms or the Materials may be illegal is prohibited, and you
are responsible for compliance with applicable local laws.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT
PERMITTED BY LAW, ANY AND ALL:
- (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
(INCLUDING SUITABILITY OF ANY JOHN’S INCREDIBLE PIZZA COMPANY SOCIAL MEDIA PLATFORM
OR PAGE MATERIALS FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON),
- (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY
OR PROPRIETARY RIGHTS,
- (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR
COMPLETENESS OF ANY OF JOHN’S INCREDIBLE PIZZA COMPANY’S SOCIAL MEDIA PLATFORMS
OR MATERIALS,
- (IV) WARRANTIES RELATING TO THE OPERATION OF THE JOHN’S INCREDIBLE PIZZA
COMPANY SOCIAL MEDIA PLATFORMS (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES,
DEFECTS OR OMISSIONS),
- (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS
OR OMISSIONS BY US OR ANY THIRD PARTY, AND
- (VI) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE
OR USAGE OF TRADE.
Applicable law may not allow the exclusion of implied warranties, so the above
exclusions may not apply to you. JOHN’S INCREDIBLE PIZZA COMPANY AND ITS
AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS (COLLECTIVELY
WITH JOHN’S INCREDIBLE PIZZA COMPANY, THE “JOHN’S INCREDIBLE PIZZA COMPANY
ENTITIES”) DO NOT WARRANT THAT YOUR USE OF ANY JOHN’S INCREDIBLE PIZZA COMPANY
SOCIAL MEDIA PLATFORM OR PAGE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR
SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY JOHN’S INCREDIBLE PIZZA COMPANY
PAGE OR THE SERVER(S) ON WHICH ANY JOHN’S INCREDIBLE PIZZA COMPANY SOCIAL MEDIA
PLATFORM IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE
THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER
HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE ANY OF JOHN’S INCREDIBLE
PIZZA COMPANY’S SOCIAL MEDIA PLATFORMS, AND ALL CHARGES RELATED THERETO. YOU ASSUME
ALL RESPONSIBILITY AND RISK FOR YOUR USE OF ANY JOHN’S INCREDIBLE PIZZA COMPANY
SOCIAL MEDIA PLATFORM OR MATERIALS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE,
OR STATEMENT OF JOHN’S INCREDIBLE PIZZA COMPANY OR ANY OTHER JOHN’S INCREDIBLE
PIZZA COMPANY ENTITY, OR OF ANY FAN, USER, OR VISITOR OF OR TO ANY JOHN’S
INCREDIBLE PIZZA COMPANY SOCIAL MEDIA PLATFORM, WHETHER MADE ON A JOHN’S INCREDIBLE
PIZZA COMPANY SOCIAL MEDIA PLATFORM OR USING ANY PLATFORM MATERIAL (SUCH AS
SOFTWARE AVAILABLE THROUGH A JOHN’S INCREDIBLE PIZZA COMPANY SOCIAL MEDIA PLATFORM),
SHALL CREATE ANY WARRANTY.
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Limitation of Liability
NEITHER JOHN’S INCREDIBLE PIZZA COMPANY NOR ANY OTHER JOHN’S INCREDIBLE PIZZA COMPANY
ENTITY, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER
REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO ANY JOHN’S
INCREDIBLE PIZZA COMPANY SOCIAL MEDIA PLATFORM, ANY PLATFORM MATERIALS, OR ANY SITE OR
SERVICE LINKED FROM A JOHN’S INCREDIBLE PIZZA COMPANY SOCIAL MEDIA PLATFORM. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH ANY OF THE FOREGOING IS TO STOP USING THE APPLICABLE
SOCIAL MEDIA PLATFORM, CONTENT, OR SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF
JOHN’S INCREDIBLE PIZZA COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER
IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE
THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO JOHN’S INCREDIBLE PIZZA COMPANY TO ACCESS ANY
OF JOHN’S INCREDIBLE PIZZA COMPANY’S SOCIAL MEDIA PLATFORMS.
Some states do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
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