Introducing Fudds Prime(TM) from Fuddruckers

FuddsPrime.com Terms of Service

ACCEPTANCE OF TERMS

Welcome to FuddsPrime.com, sponsored by Fuddruckers Restaurants, Inc. ("Fuddruckers"). Fuddruckers offers and provides the web pages available at FuddsPrime.com to the general public pursuant to these Terms of Service. By using FuddsPrime.com and/or the Service, and by registering for the Service, you agree to be bound by these Terms of Service. These Terms of Service may be modified by Fuddruckers at any time without notice by posting revised terms on this Terms of Service page or any successor or on Fuddruckers.com and your continued use of FuddsPrime.com and/or the Service, you agree to be bound by such changes. If you do not agree to these Terms of Service as in effect from time to time, you should not use the FuddsPrime.com Web site.

DESCRIPTION OF SERVICE

Fuddruckers provides the registered users of FuddsPrime.com the ability to comment on information, including, but not limited to, text, photographs, graphics, video and audio content (the "Service"). You must be a registered user to comment. You must be 13 or over to register to sign up.

USER CONTENT AND POSTINGS

You retain sole ownership of any comments, images, audio, video, suggestions or other communications or content you upload, transmit or otherwise submit through the Service ("User Content"). However, by contributing, you grant Fuddruckers and its designees an irrevocable, royalty-free, worldwide, perpetual right and license to use, copy, modify, display, archive, distribute, reproduce and create derivative works based upon such User Content. By submitting User Content, you are warranting that you are the sole author or that you have obtained all necessary permissions associated with copyrights, trademarks, rights of publicity and/or rights of privacy to submit such User Content and grant the foregoing rights.

User Content submitted to the Service is generally posted immediately and automatically. Given the nature of the Service, Fuddruckers and its designees do not actively monitor and review all User Content posted or transmitted by users. As such, you are liable for the opinions you express and the accuracy of the information you provide in the Service area. However, Fuddruckers reserves the right to remove any User Content it deems inappropriate, as well as suspend or ban the account under which its was transmitted.

PRIVACY

While Fuddruckers and its designees will protect your personal information according to our privacy policy, you understand that through your use of the Service you are not anonymous and the User Content you submit is not private. Fuddruckers reserves the right to share information with law enforcement officials or third parties in limited circumstances, including, but not limited to, when complying with legal action, preventing fraud or imminent harm.

FUDDSPRIME.COM CONTENT - COPYRIGHT AND PERMISSIONS RULES

All materials appearing on FuddsPrime.com and the Service other than User Content ("Fuddruckers Content") are protected by copyright under U.S. copyright and other laws and are the property of Fuddruckers or the party credited as the provider of the content.

Except with prior written authorization from Fuddruckers, you may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such content, nor may you distribute any part of this content over any network, including a local area network, sell or offer it for sale, or use such content to construct any kind of database.

However you may download Fuddruckers Content from FuddsPrime.com for your own personal, noncommercial use but only if you make only one machine readable copy and/or one print copy. You may not alter or remove any copyright or other notice from copies of the content. Copying or storing any content except as provided above is expressly prohibited without prior written permission of the copyright holder identified in the individual content's copyright notice.

USER CONDUCT

While this is a free exchange, Fuddruckers and its designees reserve the right to end or suspend your use of the Service for any transmission of User Content or any other actions which Fuddruckers determines, in its sole judgment, to be offensive, illegal, or might violate the rights, harm, or threaten the safety of others or otherwise violate these Terms of Service. The following is a partial list of the kind of User Content that is prohibited from transmission through the Service:

Material which is profane, obscene or pornographic.
Material which is abusive, discriminatory or hateful on account of race, national origin, religion, age, gender, disability or sexual orientation.
Threats, personal attacks, harassment or advocating the harassment of another person.
Solicitations or advertisements.
Potentially libelous statements or material.
Impersonating any person or entity or falsely misrepresenting your affiliation with any other person or entity.
Behavior invasive of another person's or entity's privacy.
Promoting or providing information that you know to be false or misleading.
Promoting or providing instructional information about illegal activities.
Infringing any patent, copyright, trademark, service mark, trade secret or other proprietary right of any other party.
Comments unrelated to the discussion or material in the Service area.
Taking any action which disrupts the operation of the Service.

If you discover this kind of material on the Service, please notify us immediately at help@fuddsprime.com.

DISCLAIMERS AND INDEMNIFICATION

FUDDSPRIME.COM AND THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED. Fuddruckers does not guarantee continuous, uninterrupted or secure access to FuddsPrime.com or any portion of the Service, and operation of FuddsPrime.com and/or the Service may be interfered with by numerous factors outside of our control. While Fuddruckers intends to make every effort to ensure the accuracy of the information created and published by Fuddruckers on FuddsPrime.com, it can not guaranty the complete accuracy of all information contained on FuddsPrime.com. In addition, Fuddruckers does not necessarily support and has not necessarily verified any material displayed in the Service area and takes no responsibility for the content or opinions posted or otherwise expressed by users through the Service. If you rely on any materials available through FuddsPrime.com (including the contributions in the Service area), you do so solely at your own risk and Fuddruckers is not liable for any damages or harm attributable to such use or reliance. If you are dissatisfied with any portion of FuddsPrime.com or the Service, your sole and exclusive remedy is to discontinue using FuddsPrime.com and the Service.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER FUDDRUCKERS NOR ITS AFFILIATES, AND THEIR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND LICENSORS SHALL BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE FUDDSPRIME.COM AND/OR THE SERVICE OR ANY OTHER MATTER RELATING TO FUDDSPRIME.COM AND/OR THE SERVICE.

You agree to indemnify and hold harmless Fuddruckers and its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this paragraph. In such event, you shall provide us with such cooperation as is reasonably requested by us.

MISCELLANEOUS

These Terms of Service constitute the entire agreement between you and Fuddruckers and govern your use of FuddsPrime.com and the Service. These Terms of Service and the relationship between you and Fuddruckers are governed by the laws of the State of Texas, without regard to its conflict of law provisions.