1. ACCEPTANCE
OF TERMS
Your subscription to QSR magazine is subject
to approval by its parent company, Journalistic, Inc. In subscribing
to the magazine, you agree to the following terms of service below
for the magazine and its related services including but not limited
to QSRmagazine.com. QSR magazine reserves the right to cancel
your subscription at any time and to change your version type (either
print or digital) as needed. We make every effort to honor your
request, but do not make any guarantee as to which version might be
available to you. QSR and its related entities provide its
service to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you.
You can review the most current version of the TOS at any time at
this location. In addition, when using particular QSR service,
you and QSR shall be subject to any posted guidelines or rules
applicable to such services that may be posted from time to time. All
such guidelines or rules are hereby incorporated by reference into
the TOS.
2.
DESCRIPTION OF SERVICE
QSRmagazine.com currently provides
users with access to a rich collection of on-line, resources,
collectively called (the "Service"). Unless explicitly
stated otherwise, any new features that augments or enhances the
current Service, including the release of new QSRmagazine.com
properties, shall be subject to the TOS. You understand and agree
that the Service is provided "AS-IS" and that
QSRmagazine.com assumes no responsibility for the timeliness,
deletion, miss-delivery or failure to store any user communications
or personalization settings.
3. YOUR
REGISTRATION OBLIGATIONS
In consideration of your use of the
Service, you agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's
registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or
incomplete, or QSRmagazine.com has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
QSRmagazine.com has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any
portion thereof). You must be at least 18 years of age to use the
Service.
4.
QSRmagazine.com PRIVACY POLICY
Registration Data and certain
other information about you are subject to our Privacy
Policy
5. MEMBER
ACCOUNT, PASSWORD AND SECURITY
You will receive a password
and account designation upon completing the Service's registration
process. You are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to
(a) immediately notify QSRmagazine.com of any unauthorized use of
your password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each session
when applicable. QSRmagazine.com cannot and will not be liable for
any loss or damage arising from your failure to comply with this
Section 5.
6. MEMBER
CONDUCT
You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages or
other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not
QSRmagazine.com, are entirely responsible for all Content that you
upload, post, email or otherwise transmit via the Service.
QSRmagazine.com does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or quality
of such Content. Under no circumstances will QSRmagazine.com be
liable in any way for any Content, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed or otherwise transmitted
via the Service. You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a QSRmagazine.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forges headers or otherwise manipulates identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another user; or
m. collect or store personal data about other users. You acknowledge that QSRmagazine.com does not pre-screen Content, but that QSRmagazine.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, QSRmagazine.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by QSRmagazine.com or submitted to QSRmagazine.com in all other parts of the Service. You acknowledge and agree that QSRmagazine.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of QSRmagazine.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL
ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global
nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in
which you reside.
8. INDEMNITY
You agree to indemnify and hold QSRmagazine.com, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post to or transmit through the Service,
your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
9. NO RESALE
OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service.
10. GENERAL
PRACTICES REGARDING USE AND STORAGE
You acknowledge that
QSRmagazine.com may establish general practices and limits concerning
use of the Service. You agree that QSRmagazine.com has no
responsibility or liability for the deletion or failure to store any
information and other communications or other Content maintained or
transmitted by the Service. You acknowledge that QSRmagazine.com
reserves the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that QSRmagazine.com
reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
11.
MODIFICATIONS TO SERVICE
QSRmagazine.com reserves the right
at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or
without notice. You agree that QSRmagazine.com shall not be liable to
you or to any third party for any modification, suspension or
discontinuance of the Service.
12.
TERMINATION
You agree that QSRmagazine.com, in its sole
discretion, may terminate your password, account (or any part
thereof) or use of the Service, and remove and discard any Content
within the Service, for any reason, including, without limitation,
for lack of use or if QSRmagazine.com believes that you have violated
or acted inconsistently with the letter or spirit of the TOS.
QSRmagazine.com may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the
Service under any provision of this TOS may be effected without prior
notice, and acknowledge and agree that QSRmagazine.com may
immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access
to such files or the Service. Further, you agree that QSRmagazine.com
shall not be liable to you or any third-party for any termination of
your access to the Service.
13. DEALINGS
WITH ADVERTISERS
Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or
through the Service, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you
and such advertiser. You agree that QSRmagazine.com shall not be
responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of
such advertisers on the Service.
14. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because QSRmagazine.com
has no control over such sites and resources, you acknowledge and
agree that QSRmagazine.com 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 QSRmagazine.com shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or
through any such site or resource.
15.
QSRMAGAZINE.COM'S PROPRIETARY RIGHTS
You acknowledge and
agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by QSRmagazine.com or
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the
Software, in whole or in part.
QSRmagazine.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by QSRmagazine.com for use in accessing the Service.
16.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. QSRmagazine.com 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.
b. QSRmagazine.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QSRmagazine.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT QSRmagazine.com SHALL NOT BE LIABLE FOR ANY DIRECT, 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 QSRmagazine.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
18.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME
OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
19. NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally on
the Service.
20. TRADEMARK
INFORMATION
QSR, QSRmagazine.com, the QSR logo,
and Journalistic, Inc., are trademarks of Journalistic, Inc. (the
"Journalistic Marks"). Without Journalistic's prior
permission, you agree not to display or use in any manner, the
Journalistic Marks.
21.
COPYRIGHTS and COPYRIGHT AGENTS
All information found on this
site is under copyright of Journalistic, Inc., and may not be used,
transmitted, reprinted, reformatted, photocopied, or used in any
manner without the express written consent of Journalistic, Inc.
Requests are to be made by mail or electronic mail to:
Greg M.
Sanders
Associate Publisher
Journalistic, Inc.
4905 Pine
Cone Drive, Suite 2
Durham, NC 27707
By phone: (919)
489-1916
By email:
22. GENERAL
INFORMATION
The TOS constitute the entire agreement between
you and QSRmagazine.com and govern your use of the Service,
superseding any prior agreements between you and QSRmagazine.com. You
also may be subject to additional terms and conditions that may apply
when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and
QSRmagazine.com shall be governed by the laws of the State of North
Carolina without regard to its conflict of law provisions. You and
QSRmagazine.com agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Durham, North
Carolina. The failure of QSRmagazine.com to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOS must be
filed within one (1) year after such claim or cause of action arose
or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
23.
VIOLATIONS
Please report any violations of the TOS to
.