USER CONDUCTYou agree to use the Sites in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree not to:
- modify, adapt, translate, or reverse engineer any portion of the Sites;
- use the Sites for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
- attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
- use the Sites in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
- frame or mirror any portion or feature of the Sites;
- use the Sites for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
- use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Sites; (2) reproduce or circumvent the navigational structure or presentation of the Sites; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Sites;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or with any other person’s use or enjoyment of the Sites;
- transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
- circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Pablos Pizza;
- forge headers or otherwise manipulate identifiers;
- post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
- submit or post any false or misleading information; and/or
- violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Pablos Pizza or any other third party.
INTELLECTUAL PROPERTY NOTICEThe Sites contain (i) many valuable trademarks and service marks owned and used by MP Marks, LLC and licensed to Pablos Pizza for use in the Pablos Pizza Pizza system, and (ii) text, graphics and HTML code which are copyrighted materials of Pablos Pizza (collectively, the “Pablos Pizza IP”). The absence of a trademark or copyright notice or legend indicating the registration or ownership by MP Marks, LLC and/or Pablos Pizza anywhere in the text of the Sites does not constitute a waiver of MP Marks, LLC or Pablos Pizza trademark, copyright, or other intellectual property rights concerning that item, or any other item, of Pablos Pizza IP. Pablos Pizza reserves all legal rights with respect to the Pablos Pizza IP. Nothing contained on the Sites should be construed as granting by implication or otherwise any license or right to use the Pablos Pizza IP, and you are strictly prohibited from using, copying, or commercially disseminating the Pablos Pizza IP in any manner whatsoever unless we have given our prior express written permission for you to do so. Please be advised that MP Marks, LLC and Pablos Pizza will enforce its intellectual property rights to the fullest extent of the law.
NOTICE OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENTWe respect the intellectual property rights of others and expect our users to do the same. We will terminate the accounts of any users who repeatedly infringe the copyrights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the Sites has infringed your intellectual property rights. The notification must include:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing to be the subject of infringing activity, and information reasonably sufficient to permit Pablos Pizza Pizza to locate the material on the Site;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- A physical or electronic signature of you or a person authorized to act on behalf of the copyright owner.
RESPONSE NOTICE BY ALLEGED INFRINGERIf we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by email or mail to our designated agent below. That written communication should include the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of the infringement pursuant to the above.