By using this website, you agree to be bound by the following
“CONTENT” means all registration information, communications,
photos, and any other information that you provide to cheesesteaktown.com
2. WHO MAY REGISTER
You may register with CST only if you are at least 18 years
3. WEBSITE AVAILABILITY
CST may, in its complete discretion, add to, modify, change,
or end your use of CST. CST may be temporarily unavailable due
to maintenance and other reasons.
4. ACCURACY OF CONTENT
You must make reasonable efforts to be certain that the CONTENT
you provide to CST is accurate, complete, and not misleading.
must obey all copyright laws and other laws covering the CONTENT
You agree not to use CST to infringe other
people’s intellectual property rights, including their
copyrights and trademarks. If you believe that a photo displayed
on CST infringes someone’s rights, please notify CST using
the “CONTACT US” link on the CST home page.
6. ILLEGAL, UNWANTED OR OFFENSIVE CONTENT
is permitted to provide illegal or offensive CONTENT in CST,
(a) profane or sexually explicit advertisements;
(b) illegal images; (c) misleading offers; (d) telephone numbers
or Universal Resource Locators listed in adult advertising;
(e) ads promoting the sales or distribution of firearms,
or controlled substances; (f) “get rich quick” schemes,
Ponzi or “pyramid” schemes, or chain letters; (g)
fraudulent or criminal offers; (h) CONTENT created or posted
for purposes of harassing other individual(s); (i) ”SPAM” or
unsolicited e-mail; (k) sexual requests; (l) racial, ethnic
or religious epithets, slurs or other similarly derogatory
(m) language that advocates violence or hatred or is otherwise
offensive to CST; or (n) anything else CST, in its complete
discretion, considers inconsistent with the tone of its website.
If you are exposed to any of the above, inform CST. If CST does
not cure the problem, you agree that your only remedy will be
to avoid CST, and that you will not take legal action against
CST or its owner(s), directors or employees.
7. COPYRIGHT AND PUBLICITY RIGHTS
You hereby give CST a non-exclusive, worldwide, royalty-free,
irrevocable, sublicenseable (through multiple tiers) right to
exercise all copyright and publicity rights -- in any existing
or future media, known or unknown -- over all CONTENT you provide.
8. ILLEGAL USE OF CONTENT
may use CST only for lawful activities and purposes related
distribution or storage of CONTENT, or
other conduct that violates any law or regulation is prohibited.
You may not use CONTENT to: (a) violate patent, copyright,
trademark or other intellectual property rights; (b) create
(c) defame anyone; (d) threaten anyone; or (e) violate anyone’s
rights of privacy or publicity.
CONTENT OF PHOTOS AND USERS’ BEHAVIOR
CST may display photo(s) you provide but does not control, or
assume responsibility for, the content of such photo(s). CST
does not assume responsibility for the behavior of anyone who
uses CST, although CST, in its complete discretion, may reject
or remove photo(s) it considers inappropriate. CST may, in its
complete discretion, also reject or remove photo(s) to manage
10. LEGAL REMEDIES
CST, in its complete discretion, may pursue any legal remedies
it considers appropriate, and may always remove CONTENT, cancel
registration(s), and exclude individual(s) from using CST.
If CST, in its complete discretion, believes that an advertisement
is inappropriate or inconsistent with the tone of the website,
CST may remove such advertisement and exclude the advertiser
CST will cooperate with any investigation or other action by
any government agency, and is not required to provide notice
to you of any such cooperation.
11. DISPUTES BETWEEN OR AMONG USERS
CST is under no obligation to become involved in any dispute
between or among individuals who use CST. In the event you have
a dispute with one or more such individuals, you hereby release
CST and its owner(s), officers, employees, agents, and affiliates
from all claims, demands and damages of every kind or nature
(actual, direct, consequential or otherwise), known or unknown,
suspected or unsuspected, or disclosed or undisclosed, arising
out of or in any way related to such dispute or to CST.
you are a California resident, you waive your rights under
Section 1542, which states: "A general
release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing
the release, which, if known by him must have materially affected
his settlement with the debtor."
12. DISCLAIMER OF WARRANTIES
WILL USE CST AT YOUR OWN RISK. CST PROVIDES SERVICE ON AN "AS
IS" AND ON AN "AS AVAILABLE" BASIS. CST EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MAKES NO WARRANTY: (A) THAT CST’S SERVICE WILL MEET
YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) THAT CST’S
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(C) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CST’S
SERVICE; OR (D) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
CONTAINED IN OR OBTAINED FROM CST.
ANY INFORMATION, MATERIALS, GOODS OR SERVICES YOU OBTAIN USING
CST ARE OBTAINED AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE RESULTING FROM SUCH INFORMATION, MATERIALS, GOODS,
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU
OBTAIN FROM CST SHALL CREATE ANY WARRANTY, UNLESS IT IS IN WRITING
AND SIGNED BY A PRINCIPAL OR OFFICER OF CST.
13. LIMITATION OF LIABILITY
AND ITS PRINCIPALS, OFFICERS, DIRECTORS AND EMPLOYEES SHALL
ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES RESULTING FROM
USE OR INABILITY TO USE CST, OR FOR THE COST OF PROCURING SUBSTITUTE
GOODS OR SERVICES, OR FOR DAMAGES ARISING FROM: (A) ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED USING CST;
(B) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER’S
TRANSMISSIONS, DATA OR CONTENT; OR (C) ANY OTHER MATTER RELATING
TO CST, INCLUDING DAMAGES INCURRED FROM ANY COMPUTER VIRUS
OR OTHER MALICIOUS CODE ENCOUNTERED ON THIS SITE. WAIVED DAMAGES
INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, USE,
OR OTHER INTANGIBLES, WHETHER OR NOT CST HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, CST SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM
THE INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING
BUT NOT LIMITED TO ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION,
SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR
INTENTIONAL, OR INADVERTENT OR ADVERTENT. CST SHALL NOT BE RESPONSIBLE
OR LIABLE TO ANY USER OR THIRD PARTY FOR THE STATEMENTS OR CONDUCT
OF ANY OTHER USER OR OTHER THIRD PARTY.
NO EVENT SHALL CST’S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT, IF
ANY, THAT IS OR WAS PAID BY YOU TO CST.
14. NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign your rights under these Terms
of Use. You also agree not to make any unauthorized commercial
use of CST.
15. INFORMATION OR CONTENT OF ANOTHER USER OR THIRD PARTY
You agree not to make use of any content or other information
that any other user of CST or third party has submitted to CST.
16. NO AGENCY
There is no agency, partnership, joint venture, employee-employer
or franchisor-franchisee relationship between CST and you.
17. NOTICE OF CHANGES; OTHER NOTICES
other matters related to CST, by displaying such notice in CST.
Other notice may be given by e-mail.
18. COMPLETE AND EXCLUSIVE AGREEMENT
between CST and you.
may – at any time, in its complete discretion and
in whole or in part.
20. GOVERNING LAW
of Pennsylvania, without regard to its conflict of law provisions.
You agree that any and all legal claims you may have against
CST shall be submitted to and resolved by binding arbitration
in Philadelphia, Pennsylvania, under the administration and then-current
rules of the American Arbitration Association.
If CST declines to exercise or enforce any right under, or provision
such right or provision.
a court of competent jurisdiction finds any provision of these
of Use invalid,
the court should nevertheless give
effect to CST’s intentions as reflected in such provision
as best as it may be construed, and all of the other provisions
shall remain in full force and effect.
only and have no legal or contractual effect.