Date Last Modified: September 2012
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2. Intellectual Property Rights.
A. Copyright Information and Personal and Non-Commercial Use Limitation.
All Steak 'n Shake Materials and the compilation of all content included on our Website are owned or licensed by Steak 'n Shake and protected by United States and international copyright laws. Steak 'n Shake does not claim ownership of copyrights owned by third parties.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on our Website in a way that may constitute copyright infringement, you may provide notice of your claim to Steak 'n Shake Designated Agent listed below. For your notice to be effective, it must include the following information:
Steak n Shake Enterprises, Inc. Attn: Chief Legal Officer 500 Century Building 36 S. Pennsylvania Street Indianapolis, IN 46204-3648
If the person(s) who posted the original content sends us a counter notification, we will forward a copy of that notice to the person who filed the first notice and restore the material in question.
To file a counter notification with us, send us written notice by mail, fax or email. To expedite our process, please use the following format:
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
Steak 'n Shake owns trademarks for its services and products. These and other Steak 'n Shake logos and service marks are trademarks of Steak 'n Shake and may not be used without prior written consent of Steak 'n Shake. All other trademarks, product names, and company names and logos appearing on our Website are the property of their respective owners, i.e. our supplier-partners.
D. Contributions to our Website; Content and Submissions.
There may be opportunities to contribute to our Website. By using this Website, you agree that any information (except for gift card purchase information) you send to us or that you submit, post or display on our Website, is not confidential, including data, text, photos, videos, stories, articles, names (first and/or last, fiction or non-fiction), and other information, suggestions, ideas, comments or links you send to Steak 'n Shake or any other third party using this Site ("User Material").
By submitting any solicited or unsolicited User Material using our Website, you grant Steak 'n Shake an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute the User Material for any purpose whatsoever to the extent permitted by law.
By submitting User Material to our Website, you agree that you are the sole owner and copyright holder of photos, videos, stories, and information you submit; that these items do not infringe any intellectual property rights of any individual or entity, including the photographer who took the photos and/or videos you have submitted; and that these items do not contain any material that otherwise violates any law. You grant to Steak 'n Shake, its employees, agents, personnel, assigns, licensees, successors in interest, and legal representatives, an irrevocable and perpetual and royalty free right to use your photos, videos, stories, and information and name (first name and/or last name or any fictional name you provided with your submission) or likeness, in all forms and in all media and in all manners, without any restriction or notice as to changes or alterations for any advertising, promotion, publicity, or any other lawful purposes. The User Material you submit may be altered for the purposes of proper publication by Steak 'n Shake. You waive any claims you may have based on any usage of your photos, videos, stories, and information and release Steak 'n Shake from any and all liability related to distribution, publication, and dissemination of these items, including publication on the Internet. You waive all moral or integrity rights with respect to the photos and/or videos you have submitted to Steak 'n Shake. You acknowledge that Steak 'n Shake is relying upon and would not use the User Material you submit in the absence of these terms. Steak 'n Shake is not liable or responsible for any content provided by users at its Website and will not sell the rights in your photos, videos, stories, or information to any third party.
We may, at our sole discretion, remove User Material that we determine are unlawful, fraudulent, harassing, offensive, threatening, libelous, defamatory, obscene, disparaging, or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights. This includes comments concerning Steak 'n Shake, our competitors, vendors, business partners, service providers, associates, and affiliates. Steak 'n Shake is not liable or responsible for any User Material provided by its Users or other third parties for use on our Website. Contributions to our Website by third parties do not necessarily represent the view or opinions of Steak 'n Shake. Steak 'n Shake may not preview User Material before it appears on our Website. Users can be held liable for any illegal or prohibited user content they provide to this Website, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on our Website, please promptly notify us at firstname.lastname@example.org so that we may investigate and take appropriate action.
If you have a website and wish to establish temporary or permanent links from your website to our Website, you must link to our homepage only. If you would like to link to another location within our Website you will need to receive written permission from us.
3. Privacy and Protection of Personal Information.
4. Disclaimer of Warranties and Limitation of Liability.
User expressly agrees that use of our Website is at User’s sole risk. Neither Steak 'n Shake, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that websites affiliated with Steak 'n Shake, including but not limited to our Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on our Website may contain inaccuracies or typographical errors. The Providers make no warranty as to the results that may be obtained from the use of our Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through our Website. From time to time the prices of our food in our restaurants may be higher or lower than those prices on our Website. In that event, the prices on our menus at each restaurant location will govern the price you will pay.
A. Disclaimer of Warranties.
OUR WEBSITE IS PROVIDED BY STEAK 'N SHAKE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, STEAK 'N SHAKE AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
STEAK 'N SHAKE AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE, SECURITY OF OUR WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH OUR WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON OUR WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE 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. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability.
STEAK 'N SHAKE AND THE PROVIDERS DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF OUR WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF STEAK 'N SHAKE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STEAK 'N SHAKE AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF STEAK 'N SHAKE OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM OUR WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO STEAK 'N SHAKE RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT STEAK 'N SHAKE AND THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH OUR WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE STEAK 'N SHAKE GOODS OR SERVICES, FROM INABILITY TO USE THE STEAK 'N SHAKE GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE STEAK 'N SHAKE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you are dissatisfied with any portion of our Website, your sole and exclusive remedy is to discontinue your use of our Website.
5. Third Party Links.
6. Online Conduct.
The User agrees to use our Website and any e-mail services provided through our Website only for lawful purposes. Unacceptable uses of our Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on our Websites or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by Steak 'n Shake to be in conflict with the spirit or intent of our Website.
8. International Users.
Our Website can be accessed from locations around the world. Steak 'n Shake makes no representations that our Website or the Materials available through it are appropriate for use at other locations outside the United States. Access to our Website from locations where our Website or any of its Materials are illegal is prohibited. If you access our Website from a location outside the United States, you are responsible for compliance with all local and/or international laws.
If you use our Website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via our Website, including e-mail address, credit card number, and other payment related information.
Steak 'n Shake reserves the right to monitor all network traffic to our Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to our Website in any fashion. Anyone using our Website expressly consents to such monitoring.
10. Payment Verification.
Steak 'n Shake reserves the right to refuse service or decline orders for any reason. Accordingly, Steak 'n Shake may request written verification and proof of a User’s identity by supplying us with a copy of government issued photo identification at its sole discretion.
11. Risk of Loss.
All items purchased from our Website, including but not limited to gift cards, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If the gift card is not received by the intended recipient and the balance on the card is equal to the original purchase price, Steak 'n Shake can replace the gift card upon request. Steak 'n Shake reserves the right to charge a replacement fee and/or shipping costs for replacement card(s).
13. Applicable Law/Jurisdiction.
15. Statute of Limitations.
16. Entire Agreement.