Shane’s Rib Shack
Disclaimer as to Accuracy of Information.
All content on the Websites is for informational purposes only, and Shane’s accepts no liability for the accuracy or completeness or use of, nor any obligation to update, the information contained on this Website.
License and Access to the Website
No person under the age of eighteen (18) is authorized to access or use this Website. User access to, and use of, the Website is subject to all applicable federal, state and local laws and regulations. Use of this Website is void where prohibited. By using this Website, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority and capacity to enter into this Agreement and abide by the Terms.
Shane’s grants you a limited, non-transferable license to access and use for non-commercial purposes the Website. Such limited license shall enable you to use the Website for informational purposes. This license shall not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Shane’s or our affiliates without our prior express written consent.
We make no guarantees regarding the availability of the Website. Furthermore, we reserve the right, within our sole discretion, to discontinue the Website. You agree that we will not be liable to you for any such discontinuance or modification of the Website. Any rights not expressly granted by these Terms are reserved by us.
You are under no obligation to use or continue to use the Website and may temporarily or permanently cease using the Website without notice to Shane’s. Any use of the Website, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Website or any portion thereof.
Before using certain areas of the Website you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept,” “I Agree,” “Okay,” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms and any Click-Through Agreement, the Click-Through Agreement will govern.
Content License From You
Any content that you submit, post or display to or on the Website may be accessible or viewed by other visitors to the Website. You should only provide content that you are comfortable sharing with others as set forth in these Terms. Do not submit, post or otherwise transmit via the Website information that is proprietary or confidential of third parties (whether by law or by contract) or that you otherwise do not have the legal right to use. We assume no obligation to protect confidential or proprietary information (other than those outlined in our Privacy Statement) from disclosure.
As between you and Shane’s, you may possess certain intellectual property rights you have under law in content that you may submit, display and/or post via the Website. This content, which includes, but is not limited to your comments, reviews, analysis, ideas, proposals, feedback, depictions, sound recordings, photographs, moving images and other data submitted in any form or medium, whether by emails, posting or otherwise, is considered “User Generated Content.” Your use of the Website and your submission and/or posting of User Generated Content grants Shane’s, and its affiliates, an express, perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to access, store, reproduce, adapt, modify, format, delete, translate, transmit, use, disclose, sublicense, manipulate, prepare derivative works, publish, publicly perform, publicly display, distribute and communicate any and all User Generated Content, without any obligation, notification or compensation to you. This license is granted to Shane’s with respect to the use of such User Generated Content in connection with the Website, and any other use determined by Shane’s in its sole and absolute discretion.
You agree and acknowledge that the forgoing license grants to Shane’s and its affiliates the full right and authority to use User Generated Contents for any purpose whatsoever, including, without limitation, the marketing, sale, syndication, and development of the Website and any successors thereto. This license includes an unrestricted right and authority for Shane’s to make the User Generated Content available to sublicense to other companies, organizations or individuals for any of the aforementioned purposes, subject to these Terms. You reserve no rights with respect to such uses and to the extent that any “moral rights,” “ancillary rights,” or similar rights in or to the User Generated Content exists, you agree to waive any such rights as to Shane’s or licensees, agents, representatives or other authorized users.
You agree and acknowledge that Shane’s and its affiliates may modify, adapt, reformat, and otherwise alter or make use of your User Generated Content in such manner as may be required to conform User Generated Content to standards, protocols, formats and requirements related to the Website and any medium by which they are accessible currently or prospectively. You agree and acknowledge that Shane’s and its affiliates are licensed to transmit or distribute the User Generated Content in all formats and mediums over various networks.
Your use of the Website and your submission and/or posting of User Generated Content confirms your representation and warranty that you possess all necessary legal rights, power and authority to grant to Shane’s the forgoing license and you further represent, warrant and agree that none of the User Generated Content will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain false, intentionally misleading, libelous, defamatory or otherwise unlawful statements or materials.
Restrictions on Your Use
All content within the Website and any materials made available on these pages for downloading, if any, are the property of Shane’s and/or its affiliates, or other third parties. The Website and portions of the Website are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Website that are viewed, downloaded or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Website.
To the extent applicable, when accessing the Website, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to certain information provided at, or contained in, the Website. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Website. All forms of indirect and ‘spoofed’ access are strictly prohibited.
Intellectual Property Ownership
Shanes Rib Shack® is a registered trademark of Shane’s Rib Shack, Inc. The absence of a product or service name or logo belonging to Shane’s anywhere in the text of this Website does not constitute a waiver of Shane’s trademark or other intellectual property rights concerning the name of logo used or referenced on this Website.
Any and all intellectual property rights associated with the Website, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of Shane’s, or third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without the express written consent of Shane’s Rib Shack, Inc., Shane’s or the appropriate third party, as applicable. Except as provided herein, Shane’s does not grant to you any express or implied rights to the Intellectual Property.
Programs and Promotions
This Website may provide or include links to other third-party websites, including the franchised operators of Shane’s Rib Shack restaurant businesses (“Operators”), and social media platforms, such as Facebook, Twitter, or Foursquare (all links to third-party websites and social medial platforms are collectively referred to herein as “Linked Sites”). While Shane’s attempts to provide links only to third-party websites that comply with all applicable laws and regulations and Shane’s standards, please understand that the content on these third-party websites is subject to change without notice to Shane’s. Linked Sites are provided only for your convenience. If you decide to visit any Linked Site, you do so at your own risk. Because we have no control over such sites and resources, you acknowledge and agree that Shane’s is not responsible for the availability of such external sites, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SHANE’S SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.
Shane’s prohibits caching of any portion of the Website and any unauthorized hypertext links to the Website. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your website to the Website, you must contact Shane’s to discuss mutually agreeable terms for such hyperlink.
The owner of this Website is based in the State of Georgia in the United States. We provide this Website for use by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so on your own initiative and are so responsible for compliance with local laws.
Exclusion of Warranty
SHANE’S MAKES NO WARRANTY OF ANY KIND REGARDING THE WEBSITE AND/OR ANY MATERIALS PROVIDED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. SHANE’S DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEBSITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SHANE’S DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER SHANE’S, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE WEBSITE OR SERVICES, OR (2) THE INTERNET GENERALLY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
Limitation of Liability
SHANE’S 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 WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL SHANE’S BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE WEBSITE OR CONTENT FOUND THEREIN.
Copyright Infringement Notification
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that materials or content available on the Website infringe your copyright, you (or your agent) should send us a notice requesting that we remove such materials or content, or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
If you believe that your work has been improperly copied and posted on the Website, then please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located within the Website; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give us legally sufficient notice of infringement.
Notices and counter-notices should be sent to:
Shane’s Rib Shack
829 Fairways Court, Ste 200
Stockbridge, GA 30281
DMCA details are available at http://www.copyright.gov/onlinesp/
We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.
Login and Registration
Certain programs, offers, features, or services offered on or through the Website may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Shane’s immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Shane’s or any other Website user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s login at any time without their express written permission. Shane’s shall not be liable for any loss or damage arising from your failure to comply with these obligations.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
Although this Website is accessible worldwide, not all information, products or services discussed or referenced herein are available to all persons or in all geographic locations. This Website is controlled and operated by Shane’s from its offices within Stockbridge , Georgia, United States of America. Shane’s makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. You may not use this Website or export any of the materials or content contained herein in violation of any U.S. export laws or regulations.
Choice of Law and Forum
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms shall be filed only in the state or federal courts located in the State of Georgia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action.
Indemnity and Release
By using this Website, you agree to indemnify Shane’s Rib Shack, Inc., Shane’s, and their respective parents, subsidiaries, affiliates, franchisees, and each of their respective officers, directors, managers and employees (collectively, the “Indemnitees”) and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of the Website or any violation of these Terms. By using the Website, you are hereby agreeing to release the Indemnitees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Website.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Shane’s with respect to this Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Shane’s with respect to this Website. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.
Changes to the Terms
We may periodically modify and supplement these Terms and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Website, and any use of the Website after such revisions have been posted signifies your consent and agreement to the modified Terms.
This Agreement was last modified and is effective as of November 2, 2017.