Introduction

monicalspizza.com/ monicals.com is a website operated by Monical Pizza Corporation. Please read our Terms and Conditions (“Terms”) carefully before using this site.

By using this site, you agree to abide by the following Terms. If you do not agree to be bound by these Terms, do not use this site. We reserve the right, at our discretion, to change or modify all or some of these Terms at any time. Please check these Terms periodically for changes. Your continued use of our site following the posting of such changes means you agree to abide by them.

Terms and Conditions

Representations and Warranties

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use our website, along with all related expenses, fees and other costs.

Information provided at the site is provided on an “AS IS” basis, and carries no express or implied warranties as to accuracy, timeliness, delivery, mis-delivery, failure to store, content errors, omissions or infringing content, that the content will meet your requirements or that use and/or operation of the site will be uninterrupted and error-free.

We make no warranties, either express, implied or statutory, including, but not limited to, any warranty of merchantability or fitness for a particular purpose.

We are not liable for any damages or injury caused by or related to, including but not limited to, any reliance on the site’s content, any performance failure, error, omission, interruption, defect, delay in operation of transmission, computer virus, failure to store any user communications or personalization settings or line failure, nor are we liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials or content in this site.

The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.

Links and Third-Party Content

Our website may contain links to other websites, which are not under our control. We do not review, control or monitor the practices, information or materials on any other websites, and are not responsible or liable for the communications, practices, information, content or materials of any of those sites. We provide these links as a customer convenience and to allow advertisers to promote their own sites or products, and do not endorse those sites, companies or their products or services. You are responsible for adhering to any other website’s terms and conditions.

Your Responsibilities

You agree to use our website for lawful purposes only, and to not use it to:

• upload, post, e-mail or otherwise transmit any content that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable, or that encourages conduct that would violate any law, or which, without our prior written approval, contains advertising or any solicitation with respect to products or services;
• impersonate any person or entity, or misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through our website;
• upload, post, e-mail or otherwise transmit any Content that you do not have a legal right to transmit;
• upload, post, e-mail, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• interfere with or disrupt our servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to our website;
• “stalk” or otherwise harass another person; or
• collect or store personal data about other users.

Trademark and Copyright Rights

The text, copy, illustrations, designs, drawings, software, photos, video, graphics, music, sound and all other creative works, and the entire contents of our website, including its overall “look and feel” are protected under the United States copyright laws.

No such parts from this website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the site’s materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or their use for any other purpose is a violation of our copyright and other proprietary rights.

In the event you download software from our site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software are hereby licensed to you by us, and we do not transfer title to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

You shall not upload, post, or otherwise make available on our website any material or creative works protected by copyright, or any trademark or other proprietary right without the prior written permission of the owner(s) 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 any such submission.

The trademarks and service marks used herein are the property Monical Pizza Corporation and are licensed to our affiliates and franchisees.

Ideas, Content or Information Provided to monicalspizza.com/ monicals.com

All remarks, suggestions, material, Works, ideas, graphics, or other information or content communicated to us through this site (“Submission”) will be subject to the following terms:

We will not be required to treat any Submission as confidential. We will not incur any liability as a result of any similarities to any Submission that may subsequently appear on our website or other materials. We will be entitled to use the Submission or any derivative of it for any commercial or other purpose without compensation to you or any other person.

You agree that you are responsible for any Submission you submit, including its legality, reliability, originality and copyright. We do not claim ownership of the Submissions. However, by providing the Submission you are granting us, our affiliated companies business partners and licensees a worldwide, perpetual, royalty-free right to use the Submissions in connection with all aspects of the operation and promotion of their Internet businesses, including but not limited to the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat them. You agree that no compensation is owed with respect to any such use of the Submissions by us or our licensees or business partners. We are under no obligation to post or use anything you provide and we may remove it at any time at our discretion. You warrant and represent that you own or otherwise control all the rights to the Submission, that they do not violate any law, regulation, or any right of any third party and are not designed to or will not in any way have deleterious effect on us, other users or any computer, network, software or hardware.

These Terms will be governed and interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Indemnity

You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim, cause of action, or demand, including all attorneys’ fees, made by any third-party due to or arising out of any information, creative works, materials or other content you submit, post to or transmit through our website; your use of the website, your violation of or failure to adhere to the Terms, or your interaction with any third party on the Internet.