TERMS & CONDITIONS

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND CASA BELLA. By using and accessing the website, including any content, functionality, products, and services offered on or through (this “Site”), you agree to these Terms of Use (“Terms of Use”). These Terms of Use are entered into by and between you and Casa Bella and govern your access to and use of the Site.  Use of this Site is strictly voluntary.  If you do not agree to these Terms of Use and our Privacy Policy, you must immediately log off the Site and may not use the Site.

Collection Of Visitor Information on This Site

Any information collected at this Site and the purposes for which we may use this information are outlined in our Privacy Policy.  The terms of our Privacy Policy are incorporated herein by this reference. Please carefully review the information contained in our Privacy Policy. By using this Site, you agree to waive and release us from any claim or liability in connection with the collection, use, or disclosure of information that is consistent with the terms of our Privacy Policy.

Copyright

All content, software, and technology included on this Site or used in the operation of this Site is our owned or licensed property or our content, software, and technology suppliers and is protected by U.S. and international copyright laws.  In addition, the compilation (meaning the collection, arrangement, and assembly) of all content on this Site is our exclusive property and is protected by U.S. and international copyright laws.  We grant you permission to view and use content, software, and technology made available to you on the Site in connection with your own personal, noncommercial use of the Site.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on this Site is strictly prohibited without our written permission.

Other Intellectual Property

All other intellectual property rights related to the content, software, and technology included on this Site or used in the operation of this Site, including, without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Casa Bella.  Any use of these rights without our prior written permission is strictly prohibited.

Obligations Of Site Visitors

You agree not to do any of the following while visiting or using the Site or any services provided by or through the Site:

Restrict or inhibit any other user from using and enjoying the Site;

Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or falsely indicate that you are an employee or representative of Casa Bella or any of our licensees or franchisees;

Post or transmit unlawful, offensive, threatening, abusive, harassing, tortious, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including, without limitation, any images or other material depicting nudity;

Use the Site for any activity that is unlawful, harmful, threatening, abusive, harassing, stalking, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or that could otherwise be objectionable;

Post or transmit any information or software containing a virus, malware, Trojan horse, worm, or other harmful components;

Use any robot, spider, other automatic devices, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without our prior written permission;

Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or any other form of solicitation on the Site or through the Site;

Post, upload, or transmit any material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights or infringes copyright, trademark, or other intellectual property and/or proprietary rights;

Post or transmit material that encourages or provides instructional information about illegal activities, in particular hacking, cracking, or distribution of counterfeit software;

Solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes, or plan or participate in scams involving other users;

Violate any applicable law or regulation;

Access or use password-protected, secure or non-public areas of the Site without authorization;

Frame, repackage, or otherwise re-distribute any portion of the Site; or

Use the Site, or any services provided through the Site, to collect personally identifying information about users of the Site or conduct any activity in violation of Sour Privacy Policy.

We may terminate your access to the Site at any time for any reason or no reason, including, but not limited to, as a result of your violation or threatened violation of any of the obligations described above, in our sole and absolute discretion.  Due to such termination, we will not be liable to you or any third party. These Terms of Use will survive any such termination.

Submissions

All comments, suggestions, ideas, recipes, and similar information or materials communicated to us through this Site (together, the “Submissions”) will forever be our property. We will not be liable for any ideas for its business (including, without limitation, product or advertising ideas). We will not incur any liability due to any similarities that may appear in our future operations. Without limitation, we will have exclusive ownership of all present and future existing rights to Submissions of every kind and nature everywhere. You hereby transfer, sell, and assign all of your right, title, and interest to and to any such Submissions, including, without limitation, any and all related patent, copyright, moral rights, trademark, and other intellectual property rights.  We have no obligation to maintain any confidentiality with respect to any such Submissions.  We shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent and without restriction or compensation.

Certain types of Submissions to us through the Site, such as for the Q the Kindness campaign or Random Acts, are subject to our User Generated Content Terms of Use.  If there is any conflict between these Terms of Use and our User Generated Content Terms of Use, the terms of the User Generated Content Terms of Use will control that specific Submission.

Accuracy

Information on this Site may contain typographical errors, inaccuracies, or omissions.  We reserve the right to: (i) discontinue the sale of any products listed on this Site at any time without notice to you; and (ii) correct any errors, inaccuracies, or omissions and to change or update information at any time without notice to you. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order.

Payment

You authorize us and any payment processing service provider we may engage to charge your credit card or to debit or process payment through any other offered means for any products or services you purchase through your use of this Site. You represent and warrant that you are the only one who will make payments in connection with this Site, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to us are nonrefundable.

Product Orders

The prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only within the United States. Such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.  All orders through this Site may be subject to additional terms of sale.

Acceptance Of Orders

The receipt of order confirmation does not guarantee the acceptance of an order, nor does it constitute confirmation of our or our franchisee’s offer to sell.  Our franchisees reserve the right at any time to limit the quantity of items ordered and/or refuse to sell to any customer.

Limitation Of Liability

IN NO EVENT WILL WE, OR ANY OF OUR AFFILIATES, LICENSEES, FRANCHISEES, OWNERS, OR AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE OR INFORMATION CONTAINED ON ANY OR ALL SUCH SITES, OR THE PRODUCTS OR SERVICES OFFERED ON THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. Under no circumstances whatsoever shall we or any of our affiliates, licensees, franchisees, owners, or agents’ aggregate liability resulting from or relating to your use of this Site exceed Five United States Dollars.

Third-Party Websites and Functionality

This Site may contain links to external sites. Additionally, other websites may contain links to this Site. We do not review or monitor the websites linked to this Site, and we are not responsible for the content or policies of any other websites.  Any link established by us does not constitute an endorsement of the other website or create a relationship between the operators of other websites and us.  We disclaim any liability with respect to your use of any other website. You release us from liability related to using any link to another website or any other website.  Where this Site contains a link to another website owned and/or operated by us, such website use may be subject to different and additional terms of use and privacy policy terms and conditions.  We are not responsible for, and have no control over, the external sites.

We may have functionality in the Site that is provided, in whole or part, by a third-party service provider.  You can usually identify such third-party functionality by using a trademark not owned by us on or near the functionality. For such ‎third-party functionality, you will need to review that third party’s terms of use and privacy policy, which may require you to visit that party’s website and ‎locate the terms of use and privacy policy.  Your review should include determining ‎whether such terms and policies are acceptable.  If they are not, do not use the ‎associated functionality on this Site.‎

Your Account

If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.  You agree to accept responsibility for all activities under your account or password.  We have the right, without notice and in our sole discretion, to suspend or terminate your site access, refuse or restrict access or service, terminate accounts, and remove or edit the content on the Site.

Continued Operation, Accessibility, And Maintenance Of This Site

We may modify, change, suspend, terminate or discontinue the operation of part or all of this Site without notice to you, and we reserve the right to refuse service to anyone at any time, with or without cause.

Copyright Agent Information

We respect the intellectual property rights of others and require that the people who use this Site do the same. If you believe that your work appears on this Site or another website we operate and has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide a notice containing the following information to the Copyright Agent named below:

Your address, telephone number, and email address;

A description of the copyrighted work or other intellectual property that you claim has been infringed;

A description of where the alleged infringing material is located on this Site or another website we operate, with enough detail that we may find it;

A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright or intellectual property owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; and

A statement by you, made under penalty of perjury, that the above information contained in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

It is our policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of others.

Indemnification

You agree to indemnify, defend, and hold us and our franchisees and their respective successors and assigns harmless from and against and in respect of any and all third-party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that we incur or suffer which relate to your use of this Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Changes

We may revise these Terms of Use at any time without providing notice by posting updates to these Terms of Use on the Site. Any use of this Site following the date on which changes to these Terms of Use are published on this Site shall constitute your acceptance of all such changes. You expressly agree that we shall have no obligation to provide you with any notice of changes. You hereby expressly waive any right you may have to receive notification of any changes to these Terms of Use.

User-Generated Content Terms of Use

Acceptance: These User Generated Content Terms of Use (“User Content Terms”) are entered into by and between you and Casa Bella (“Casa Bella,” “we,” “our’ or “us”).  These User Content Terms grant us your permission to use and feature the photos, videos, statements, anecdotes, stories, recipes, or other content or material that you submit to us (collectively, “Content”) via email, telephone, or text message, through our website, our blogs, social media sites or accounts, or through other communication channels, such as our intranet (collectively, the “Services”).  Giving us permission to use the Content means that you have read, understand, and agree to these User Content Terms.  By submitting the Content to us or agreeing by other means, you agree to these User Content Terms; if you do not agree to these User Content Terms, please do not submit any Content to us.

License and Consent: You hereby grant us and our agents, owners, affiliates, related entities, and assigns  (collectively, the “Casa Bella Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, and sublicensable right to use, display, perform, disclose, reproduce, distribute, transmit, alter, and/or edit the Content in any manner determined in our sole discretion, for any commercial or non-commercial purposes, with no obligation or compensation to you whatsoever. You also hereby irrevocably consent to our unlimited use of any identifying information included in or with the Content, including but not limited to your username, real name, image, likeness, description, location, or voice (each, a “Likeness”). You irrevocably and unconditionally waive (and agree not to enforce) any rights you may otherwise have in the Content, including, without limitation, any publicity, moral rights, or equivalent rights. Whether and how we choose to use the Content is solely our choice. We may remove or stop using the Content at any time for any reason. You do not acquire any rights in proprietary information and materials of the Casa Bella Parties by authorizing our use of the Content, and our use of the Content does not imply our endorsement of or affiliation with you. 

Non-Confidentiality: Any Content you submit through the Services will be considered non-confidential and non-proprietary. We have no obligation to maintain the confidentiality of any information contained in the Content, notwithstanding our Privacy Policy.  You consent to the Casa Bella Parties’ collection, use, and disclosure of any personal information you provide in connection with the Content.

Content Standards:  The Content must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, the Content must not: (1) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (2) promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (3) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other right of any other person; (4) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable law or regulation or that otherwise may be in conflict with these User Content Terms or our Privacy Policy; or (5) promote any illegal activity, or advocate, promote, or assist any unlawful act.

Representations and Warranties: You represent and warrant that: (1) you are solely responsible for the Content (e.g., you did not take or copy it from another person, post, or source), and you have all necessary rights to grant to the Casa Bella Parties the license granted above; (2) any statements that you make or provide about us, any Casa Bella location or any of our or our franchisees’ products, services, or programs in any Content are accurately stated to the best of your knowledge; (3) the Content does not (and the Casa Bella Parties’ use or disclosure of it will not) violate someone else’s rights or any law, rules, or regulations; (4) you are not a minor and are competent to agree to these User Content Terms; (5) you are a resident of the United States; and (6) if any other person(s) appear in the Content or Likeness is included in the Content, you have obtained their permission to authorize our use of the Content as described herein and the grant of the rights above.

Release: You release, discharge, and agree to hold the Casa Bella Parties harmless from any liability related in any way to their use of the Content. You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not us, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the Content or accuracy of any Content.

General: These User Content Terms may not be assigned or transferred by you for any reason. If we do not exercise or enforce a legal right or remedy contained in these User Content Terms or available under applicable law, it will not be deemed a formal waiver, and those rights or remedies will still be available to us.  If any court of law with jurisdiction determines that a provision in these User Content Terms is invalid, that provision will be removed, and the remaining provisions will continue to be valid and enforceable.

Modifications: Casa Bella reserves the right to alter these User Content Terms without advance notice by posting revised User Content Terms, which shall become effective when published.