IMPORTANT! These Terms and Conditions ("Terms and Conditions") govern your ("User" or "You") use of the BurgBlurb.com Website ("Website") and ‘BurgBlurb Services provided by The ‘Burg Blurb, ("‘BurgBlurb,"), with its principal place of business at 253 North Water Street, Hummelstown, Pennsylvania 17036. The Terms and Conditions set forth hereunder are a legal agreement between You and ‘BurgBlurb. User’s Access of Website or Use of ‘BurgBlurb Services (“Services”) is an acceptance of these Terms and Conditions. The Terms and Condition are subject to change by ‘BurgBlurb, at any time and in its sole discretion. Your use of Website or Services after such changes are implemented constitutes your acceptance of the changes. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY. THESE TERMS AND CONDITIONS WERE LAST UPDATED: DECEMBER 1, 2005. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT ACCESS WEBSITE OR USE THE SERVICES OR PARTICIPATE IN EVENTS OF ‘BURGBLURB.
1. Right to Terminate User’s Use. ‘BurgBlurb reserves the right to terminate Use of Website at any time, for any reason, without explanation, and effective without notice.
2. Exclusive Use. Website is for the personal use of the User and cannot be used in connection with any commercial purpose or activity. Appropriate legal action, including injunctions, civil suits and criminal actions, may be taken against an unauthorized User. The unauthorized User shall be liable for all attorney fees if ‘BurgBlurb prevails in its legal action.
3. Proprietary Information. User acknowledges and agrees that the content accessible within Website is the proprietary information of ‘BurgBlurb, its client(s) and its Content Providers. ‘BurgBlurb, and its Content Providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of ‘BurgBlurb, its client(s) or the applicable Content Provider except that User may print out a copy of Content solely for User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyrighted material, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
4. Permitted Use. User has a nonexclusive, nontransferable, limited, and revocable right to use Website solely to obtain information on local area businesses and events. User will not use Website for any other purpose, including any commercial purpose, without ‘BurgBlurb's express prior written consent. For example, User will not authorize any other person to, (i) advertise Website, or (ii) Co-brand Website or any portion of it, or (iii) frame Website or any portion of it. "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute Website or content accessible within Website (the "Content"). User agrees to cooperate with ‘BurgBlurb, in stopping any unauthorized Co-branding, framing or linking, and to immediately cease such activity, and assist in collecting payment of any damages awarded by a court or arbitrator.
5. Online Conduct. As a User, you agree that:
a. You will not post on Website, or transmit to another Website User or Employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
b. You will use Website in a manner consistent with any and all applicable laws and regulations.
c. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
d. You are solely responsible for your interactions with other Website Advertisers. Website reserves the right, but has no obligation, to monitor and/or mediate disputes between you and its Advertisers.
6. Child Pornography. ‘BurgBlurb, will cooperate fully with any criminal investigation into a User’s violation of the Child Protection Act of 1984 concerning child pornography. Users are ultimately responsible for their actions on Website’s network. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at icpicc@customs.treas.gov.
7. Advertisers, Recommendations and Sponsors. Website is both advertiser and sponsor supported. Although ‘BurgBlurb, receives compensation from advertisers, vendors and sponsors (collectively, "Sponsors"), ‘BurgBlurb, does not endorse the products or services of our Sponsors and makes no representations or warranties about the products or services of our Sponsors. In addition, Website may have recommendation to educational or other type of information posted. ‘BurgBlurb does not warrant or guarantee that this information is true or will be delivered as marketed. You decide whether to click on advertising or sponsorship banners on Website and whether to make purchases from our Sponsors. You are solely responsible for payment of all costs or fees associated with the purchase of goods and services from our Sponsors’ websites.
8. Limitation on Liability. ‘BurgBlurb, its Licensors, Service Providers, Content Providers, employees, shareholders, agents, officers and directors will not be liable for any incidental, indirect, consequential, or special damages including, but not limited to, loss of revenue or income, pain and suffering, emotional distress or similar damages, even if ‘BurgBlurb, has been advised of the possibility of such damage.
9. Indemnity. User will indemnify and hold ‘BurgBlurb, its Licensors, Content Providers, shareholder, agents, officers, directors, employees, Service Providers and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions, including any use of Content other than as expressly authorized in these Terms and Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from Website.
10. Third Party Websites. Website often provides links to other websites not operated by ‘BurgBlurb, (collectively, "Third Party Websites"). ‘BurgBlurb, provides links to Third Party Websites for User’s convenience and they may be removed at any time. ‘BurgBlurb, does not investigate the quality, accuracy or completeness of any content on Third Party Website. ‘BurgBlurb, HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING THE THIRD PARTY WEBSITES. User also acknowledges and agrees that ‘BurgBlurb, is not responsible or liable for any content, advertising, products or other materials on or available from Third Party Websites.
11. Warrantees. User acknowledges and agrees that any and all disclaimers in these Terms and Conditions reflect a fair and reasonable allocation of risk between ‘BurgBlurb, and User. Such allocation is reflected in the fees payable by User to ‘BurgBlurb.
USER’S USE OF WEBSITE IS SOLELY AT YOUR RISK. ‘BURGBLURB, HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING CONTENT OF THE WEBSITE. ‘BURGBLURB HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES FOR THE PRODUCTS AND SERVICES PROVIDED BY WEBSITE, INCLUDING ANY WARRANTIES OF AVAILABILITY, NON-INTERCEPTION, FREEDOM FROM VIRUSES, ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
USER HEREBY AGREES THAT ‘BURGBLURB, AND ITS PARTNERS, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE TO USER FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF THE USE OF WEBSITE, OR THE CONTENT, PRODUCTS AND SERVICES PROVIDED BY BURBBLURB.COM. IF THE FOREGOING LIMITATION IS UNENFORCEABLE, USER AGREES THAT BURGBLURB’S, LIABILITY TO USER, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (U.S $100.00).
WEBSITE PROVIDES SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH WEBSITE OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICES. WEBSITE DOES NOT WARRANT THAT THE USE OF THE WEBSITE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WEBSITE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. IN NO EVENT WILL WEBSITE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE WEBSITE, EVEN IF WEBSITE OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU.
12. Copyrights and Trademarks. All content in Website is copyrighted by ‘BurgBlurb, or its third party suppliers. All trademarks and service marks are the property of their respective suppliers. No right is granted by these Terms and Conditions to User for any such trademarks or service marks. All claims of copyright infringement should be delivered to the following 'Designated Copyright Agent' of ‘BurgBlurb: Duane P. Stone, Esquire, Law Offices of Duane P. Stone, P.C., P.O. Box 696, Dillsburg, Pennsylvania 17019.
13. System and Network Security. Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any User, host or network, including, without limitation, ‘overloading’, ‘flooding’, ‘mailbombing’ or ‘crashing’, (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. ‘BurgBlurb, will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
14. Warning - Please Read This: It is possible that unauthorized users, or "hackers" of the Website may post or transmit offensive or obscene materials on the Website service and that you may be involuntarily exposed to such offensive and obscene materials. Website reserves the right, but has no obligation, to monitor the materials posted in the public areas, if any, of Website. ‘BurgBlurb shall have the right to remove any such material that in its sole opinion, violates or is alleged to violate, the law or these Terms and Conditions.
15. Proprietary Rights: ‘BurgBlurb, owns and retains all proprietary rights in all services offered by Website. In addition, other Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which User has been given permission, User will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
16. Information Supplied By Member: ‘BurgBlurb, will keep confidential all information supplied by User to Website, including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. Please see Privacy Notice for more detailed information concerning confidentiality.
17. Complaints: To resolve a complaint regarding the Website service, you should first contact Website Customer Support by clicking on the "Contact Us" button or via email to theburgblurb@yahoo.com.
18. Miscellaneous.
a. Headings. The headings of Sections of the Terms and Conditions are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any Section hereof.
b. Severability. If any Section or provision of the Terms and Conditions be held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction, such Section or provision of these Terms and Conditions shall be deemed severed from these Terms and Conditions and the validity of the remainder of these Terms and Conditions shall not be affected thereby.
c. Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and shall be enforced wholly within the Commonwealth of Pennsylvania.
d. Submission to Jurisdiction. The parties to the Terms and Conditions each specifically consent to jurisdiction in the Commonwealth of Pennsylvania in connection with any dispute between the parties arising out of the Terms and Conditions or pertaining to the subject matter hereof.
e. Venue. The parties to the Terms and Conditions each agree that the venue for any dispute between the parties arising out of the Terms and Conditions or pertaining to the subject matter hereof shall be held in the Federal District Court for the Middle District of Pennsylvania or in the state courts of the Commonwealth of Pennsylvania sitting in Dauphin County, Pennsylvania.
f. Notices. All notices or other written communications required or permitted under the Terms and Conditions shall be given in writing by courier or reputable overnight delivery services, or by certified mail, return receipt requested to either party at its address set forth below or to such address as such party may subsequently indicate in writing in the manner specified in this Section:
The ‘Burg Blurb
P.O. Box 213
Hummelstown, PA 17036
With a copy to:
Duane P. Stone, Esq.
Law Offices of Duane P. Stone, P.C.
8 N. Baltimore St.
Dillsburg, Pennsylvania 17019
g. Waivers and Amendments. The waiver by either party of any provision of the Terms and Conditions on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of this Terms and Conditions on any other occasion or upon any other circumstances. This Terms and Conditions may be waived or amended only in writing and signed by both parties.
h. Survival. Sections 3, 4, 5, 6, 8, 9, 11, 12, 15 and 17 of the Terms and Conditions, and any other provision that, in accordance with its terms is intended to survive the Terms and Conditions, shall survive the expiration or termination of the Terms and Conditions for any reason.
i. Assignment. Neither party may assign its rights or delegate its duties under the Terms and Conditions except that ‘BurgBlurb, may assign its rights if they are acquired, merged, or changes its business structure.
j. Complete Agreement/Incorporation. These Terms and Conditions, along with the Disclaimer and Privacy Notice contains the complete understanding of the parties with respect to the subject matter hereof and supersedes all other agreements, understandings, communications and promises of any kind, whether oral or in writing.
Copyright 2008, The ‘Burg Blurb