Biscuitville.com Terms of Use

Updated August 17, 2016

General

This website at www.biscuitville.com (this “Website” or our “Website”) is owned and operated by Biscuitville, Inc. (“Biscuitville”). The following terms of use (“Terms”) govern your use of this Website on any platform and in any format.

 

Please read these Terms carefully. By using our Website, you acknowledge that you have read and accept these Terms. If you do not agree to be bound by these Terms, do not access or use this Website. Biscuitville has the right, at its sole discretion, to enhance, change or discontinue all or part of this Website any time. We may update or change these Terms from time to time. If we do so, we will publish an announcement on our Website.

 

For information about Biscuitville’s Privacy Policy, please click here.

 

Consent to Receive Communications

 

If you register to receive emails, alerts, newsletters or any other communications from us, you consent to receive such communications. You may opt out of these communications at any time using the prompts contained at the bottom of the communications.

 

Functionality and Prohibited Uses of this Website

 

Functionality

 

Biscuitville may limit the amount of storage space, activity, bandwidth, or any other resources available on our Website in its discretion. Periodically, this Website may become unavailable due to required maintenance or other reasons. Biscuitville assumes no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failures, theft, destruction, or unauthorized access to, or alteration of, any content or information that you submit on, to, or through this Website.

 

THIS WEBSITE AND ALL OF THE SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT). IN NO EVENT WILL BISCUITVILLE BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

 

Prohibited Uses

 

  • You will not manipulate this Website by any means, including but not limited to the use of bots, botnets, automated scripts, or other automated or electronic means. You will not plant viruses or disturb our system through any Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which might overburden, impair, or disrupt this Website or any Website user’s use, access, or experience.
  • You will not interfere with, tamper with, or damage this Website in any way whatsoever, including but not limited to by trespass, burdening network capacity, repeatedly posting the same or similar content, or uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.
  • You will not circumvent, disable, or otherwise interfere with security-related features of this Website or any features that prevent or restrict use or copying of any content or enforce limitations on use of this Website.
  • You will use this Website only for private, non-commercial purposes.

 

Content of this Website

 

Proprietary Content of Biscuitville

 

All content used on and in this Website and the functionality of this Website, including without limitation the text, logos, designs, icons, software, scripts, source code, graphics, photos, images, likenesses, domain names, interactive features, and the like, and the trade secrets, trademarks, trade names, service marks, copyrights, and logos contained therein (collectively, “Biscuitville Content”), are owned by or licensed to Biscuitville and are proprietary and protected by applicable intellectual property law. No express or implied rights are conferred on you to use Biscuitville Content. Except as explicitly permitted by these Terms or the functionality of this Website, Biscuitville Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works, or otherwise exploited for any other purposes whatsoever without our prior written consent. We may change any Biscuitville Content without notice.

 

We Do Not Control Third-Party Content

 

This Website may contain content, resources, and services from third parties. We may provide links, data, or information related to third parties and their materials. We have no control over these third parties, and, as such, we do not endorse and are not responsible or liable for any such third-party material, or its accuracy or quality. You assume full responsibility when you choose to access third-party content or follow any links that lead you to third-party websites. You should review the terms of use and privacy policies of these third-party websites.

 

Termination

 

If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms, we may, in our sole discretion, without notice to you, terminate, suspend, disable, or prohibit your access to this Website. If your access has been terminated, we may, but we are not obligated to, irretrievably delete any and all content we have stored pertaining to your activity on our Website.

 

You may terminate this agreement at any time by simply discontinuing access to and use of this Website.

 

Legal Disputes

 

Choice of Law, Venue, and Jurisdiction

 

These Terms are governed by the laws of the State of North Carolina. You expressly agree that exclusive jurisdiction for any claim or dispute with Biscuitville concerning these Terms or relating in any way to your use of this Website resides in the federal and state courts located in North Carolina. YOU FURTHER AGREE THAT NEITHER YOU NOR BISCUITVILE WILL PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION OR CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, IF BISCUITVILLE IS A PARTY TO SUCH A PROCEEDING.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless Biscuitville and its directors, officers, shareholders, employees, agents, partners, clients, and contractors from and against any loss, liability, claim, demand, damage, cost, and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on this Website, your violation of these Terms, or your violation of any rights of another user of this Website. Biscuitville reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

 

No Obligation to Participate in Disputes Between Users or Third Parties

 

If there is a dispute between users of this Website, or between a user and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Biscuitville and its officers, employees, shareholders, agents, representatives, and successors from any and all claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or this Website.

 

Miscellaneous

 

Failure by Biscuitville to enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Biscuitville without restriction. If any provision of these Terms, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms nevertheless remain in full force and effect.