LAST UPDATED: November 2010
We reserve the right to temporarily or permanently, in whole or in part, modify or terminate the Service for any reason, with or without notice, charge fees in connection with membership to and use of the Service; modify and/or waive any fees charged in connection with use of the Service; and/or offer opportunities to some or all users of the Service. You agree that we shall not be liable to you, any user of the Service, or any third party for any modification, suspension or discontinuance of the Service, in whole or in part, or of any content, feature or product offered through the Service. Your continued use of the Service after such changes will indicate your acceptance of such changes.
WE ASK THAT YOU REPORT ANY SUSPECTED ABUSE BY CLICKING ON THE CONTACT US LINK IN THE SERVICE FOOTER.
1. Eligibility and Registration.
In addition, you must provide true, accurate and complete account registration information. You represent and warrant that any information you provide in connection with your use of the Service is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Service.
As part of the account registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that may be construed as impersonating someone else, that belongs to someone else, that violates the rights of someone else, that may be protected by trademark or other intellectual property law, that may be vulgar, offensive or otherwise inappropriate, or that we reject for any other reason in our sole discretion.
Only the person depicted should create a new account on this Service and that person must be alive. An account should not be created by automated means or be used by an automated system to perform actions such as: creating new accounts; sending scraps, messages, testimonials or invitations; or creating communities. Similarly, an account that affects the general stability and/or integrity of the system may be suspended or terminated. Further, we believe that users are accountable for the company they keep. An account should not be used to invite another account with the purpose of violating this Agreement.
Your username and password are for your personal use only, and not for use by any other person, including other members of any organization for which you work or with which you are otherwise affiliated. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the Service, to any third-party. You are fully responsible for all interaction with the Service that occurs in connection with your password or username. You agree to immediately notify Capitol BBQ of any unauthorized use of your password or user name or any other breach of security related to your account or the Service, and to ensure that you "log off"/exit from your account with the Service at the end of each session. If someone is using your account without your permission, please (i) ask a friend to click the “Contact Us” link on the Service home page and describe the situation, or (ii) contact us directly via e-mail at firstname.lastname@example.org, or (iii) contact us via telephone at +1 (703) 654-0413. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 9 below for additional recommended account protection practices.
2. Appropriate Conduct and Content.
In addition, we expect users of the Service to respect the rights and dignity of others. Your use of the Service is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Service pursuant to Section 13 below. Examples of illegal or unauthorized uses include, but are not limited to:
While Capitol BBQ prohibits such conduct and content on the Service, you understand and agree that you nonetheless may be exposed to such Materials and that you use the Service at your own risk.
3. Information Posted to the Service.
a. Forums. We and/or our third party service provider(s) may make available through the Service certain interactive services (for example, public discussion forums, among other things) to which you are able to post Materials (each, a “Forum”).
b. Information on the Service. Information made available on the Service (through a Forum or otherwise) may be provided both by Capitol BBQ and by third-party visitors to the Service. Please note that Service visitors may post material or make statements on the Service or through a Forum that are inaccurate, misleading or deceptive. Capitol BBQ neither endorses nor is responsible for any opinion, advice, information, material or statements provided on the Service or through a Forum by third parties, and is not responsible for any information or materials made available through the Service or through a Forum or results obtained by using any such information or materials. Under no circumstances will Capitol BBQ or its employees, officers, directors, shareholders, affiliates, licensors, partners, suppliers, consultants, members, representatives and agents, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed on the Service or through a Forum reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Capitol BBQ.
In addition, Capitol BBQ has no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information that you voluntarily make public through any part of the Service or through a Forum.
IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICE OR THROUGH A FORUM, YOU DO SO AT YOUR OWN RISK.
c. License. For any Materials you submit through a Forum (each, a “Submission”), you grant to Capitol BBQ and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly perform and display such Materials, in any media now known or hereafter developed, for Capitol BBQ’s business purposes, and (b) to sub license the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Service, comply with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of Materials regarding each Submission that you may have under any applicable law under any legal theory.
4. Capitol BBQ Proprietary Rights.
Capitol BBQ and its affiliates, suppliers and licensors own and retain all rights in the Service, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. The Content made available through the Service are and shall remain the property of Capitol BBQ and its affiliates, suppliers and licensors, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized by Capitol BBQ in writing in advance, you may not copy, modify, rent, lease, loan, publish, transmit, distribute, perform, display, reverse engineer, sell or create derivative works based (whether in whole or in part) on any of Capitol BBQ’s proprietary information, all or any portion of the Service, or any Content made available through the Service.
Trade names, trademarks and service marks of Capitol BBQ include without limitation, "Capitol BBQ", "CapitolBBQ.com", “BBiQ”, “Master the Art of Barbecue” and any associated logos. All trademarks and service marks on the Service not owned by Capitol BBQ are the property of their respective owners. The trade names, trademarks and service marks owned by Capitol BBQ, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Capitol BBQ’s trade names, trademarks or service marks without our express prior written consent.
In addition to the terms and conditions of this Agreement, any sweepstakes, contests, raffles or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Capitol BBQ urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.
The Service may provide links to other web sites and online resources. Because Capitol BBQ has no control over such sites and resources, you acknowledge and agree that Capitol BBQ is not responsible for the availability of such external sites or resources, and Capitol BBQ neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Service with or without our authorization. You acknowledge and agree that Capitol BBQ does not endorse such sites, and is not and shall not be responsible or liable for any links from those sites to the Service, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Capitol BBQ shall have the right, at any time and in its sole discretion, to block links to the Service through technological or other means without prior notice.
9. Image Upload Policy.
We encourage Members to take full advantage of the Service image upload features, by uploading personal pictures, such as photos of their BBQ Competition in our public discussion Forums. Please note, however, that our Community Standards prohibit images which you do not own or have the rights to use, and images containing nudity, sexually graphic material, or material that is otherwise deemed inappropriate or explicit by Capitol BBQ (please see Section 2 , “Appropriate Conduct and Content,” for more details on prohibited activities and content). Member accounts with such images will be permanently removed without warning or prior notification.
If you would like to report an image violating our policies, please click "Contact" link on the Service homepage located at www.capitolbbq.com. While you may not see immediate results from your report, we do take all reports into account when enforcing our image policies. If you are trying to report content that is using an image to which you own the copyright, please see Section 19 below.
10. Report Abuse.
If you believe that you found illegal or unauthorized Content, you can report the potential violation by clicking the "Contact" link on the Service home page or Member Account page. The "Contact" link is designed to let users easily notify us when they believe there may be violating content on the Service. When you click the “Contact” link, we automatically receive a notification, and your identity remains confidential. If we discover what we believe to be illegal or unauthorized Content, we retain the right, in our sole discretion, to immediately remove it and report any necessary information to the appropriate authorities. Please note that you will not receive a confirmation or notification after we review the Content in question.
We expect our Members to act responsibly and treat other users with respect when using the Service. When there is a breach of conduct, however, we rely on you to help us keep the Service safe by being proactive and notifying us through the “Contact” link.
11. Protect Your Account.
Due to the Service’s open nature, we realize that Members’ accounts can become compromised through phishing schemes, viruses and spyware. Fortunately, Members can help secure their own account and their online identity quickly and easily. As a starting point, we recommend the following safe practices:
12. Disclaimer of Warranties.
CAPITOL BBQ AND ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, LICENSORS, PARTNERS, SUPPLIERS, CONSULTANTS, MEMBERS, REPRESENTATIVES AND AGENTS (COLLECTIVELY, “RELATED PARTIES”) DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF THE CONTENT DISPLAYED ON THE SERVICE. CAPITOL BBQ DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE CONDUCT OF ANY USER OR MEMBER.
THE SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SERVICE. CAPITOL BBQEXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WITH RESPECT TO THE SERVICE AND ANY PRODUCT OR SERVICE (INCLUDING, WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) AVAILABLE THROUGH THE SERVICE, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
14. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL CAPITOL BBQ BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER OR NOT CAPITOL BBQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, CAPITOL BBQ WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY CONTENT POSTED ON THE SERVICE BY CAPITOL BBQ OR ANY THIRD-PARTY. SUCH LIMITATION OF LIABILITY SHALL APPLY (1) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CAPITOL BBQ SERVICE, FROM INABILITY TO USE THE CAPITOL BBQ SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CAPITOL BBQ SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (2) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THE MAXIMUM LIABILITY OF CAPITOL BBQ FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE TEN DOLLARS (US $10.00).
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
16. Binding Arbitration.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.
18. Jurisdictional Issues.
The Service is controlled and operated by Capitol BBQ from the United States, and is not intended to subject Capitol BBQ to the laws or jurisdiction of any state, country or territory other than that of the United States. Capitol BBQ does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Capitol BBQ does not endorse any of the products or services listed at such sites.
20. Information or Complaints; California Users.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please send an email to email@example.com. You may also contact us by writing to Capitol BBQ, LLC, 44050 Ashburn Plaza, PMB 113, Ashburn, VA 20147, or by calling us at (703) 6650413. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 4451254 or (800) 9525210.
21. Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content available on the Service infringes your copyright, you (or your agent) may send Capitol BBQ an email notice to firstname.lastname@example.org requesting that Capitol BBQ remove the Content or block access to it as provided below. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Capitol BBQ a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter notices should be sent to: You may also contact us by writing to Capitol BBQ, LLC, 44050 Ashburn Plaza, PMB 113, Ashburn, VA 20147, or by calling us at (703) 665-0413. We suggest that you consult your legal advisor before filing a notice or counter notice.
22. Contact Us.
Copyright © 2007-2011 Capitol BBQ, LLC. All rights reserved.