FORM A: COPYRIGHT AND TRADEMARK NOTICE

 

Copyright © 2001 by O’Kelly’s Sports Bar and Grille (O'Kelly's) All text, graphics, audio files, Java applets and scripts, downloadable software, and other works on this web site are the copyrighted works of O'Kelly's Sports Bar and Grille All Rights Reserved. Any unauthorized redistribution or reproduction of any copyrighted materials on this web site is strictly prohibited.

Copyright © 2001 by O'Kelly's Sports Bar and Grille All rights reserved.

 

FORM B: LINK DISCLAIMER POLICY

 

The use of this site is governed by our Hyperlink Disclaimer, Informational Content Disclaimer, Privacy Policy, and Terms of Service. By using this site, you acknowledge that you have read these disclaimers and policies and that you accept and will be bound by their terms.

FORM C: HYPERLINK DISCLAIMER

 

Hyperlink Disclaimer: O’KELLY’S SPORTS BAR AND GRILLE site contains hyperlinks to other Internet sites not under the editorial control of O’KELLY’S SPORTS BAR AND GRILLE. These hyperlinks are not express or implied endorsements or approvals by O’KELLY’S SPORTS BAR AND GRILLE, of any products, services or information available from these sites. The privacy policy applies only to information collected on this web site.

 

FORM D: INFORMATIONAL CONTENT DISCLAIMER POLICY

THE INFORMATION AND DOWNLOADABLE SOFTWARE PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. O’KELLY’S SPORTS BAR AND GRILLE’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). O’KELLY’S SPORTS BAR AND GRILLE IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

FORM E: PRIVACY POLICY

1. Policy. O’KELLY’S SPORTS BAR AND GRILLE (“O'Kelly's”) Privacy Policy covers O'Kelly's treatment of personal or personally identifiable information (“Personal Information”) that may be collected when you are on the O'Kelly's web site and when you use O'Kelly's services. This policy does not apply to the practices of companies that O'Kelly's does not own or control, or to individuals that are not under O'Kelly's supervisory control.

2. Collection and Use of Personal Information. O'Kelly's may collect Personal Information when you use certain services on the O'Kelly's web site or when you visit cookie-enabled web pages. O'Kelly's may also log your IP address when you use the O'Kelly's web site. O'Kelly's uses this Personal Information to fulfill requests for our services or products, to contact users regarding changes to our site or our business, and to customize the content that you might see on the O'Kelly's web site. O'Kelly's may also use “cookie” files to better serve your needs by creating a customized web site which fits your needs.

 

3. Sharing and Disclosure of Personal Information. O'Kelly's will not sell or rent your Personal Information to any individual, business, or government entity. O'Kelly's will share your Personal Information with other entities should you request O'Kelly's to share such information, or if O'Kelly's is required to respond to court orders, subpoenas or other legal process.

4. User Accounts: O'Kelly's allows users to set up personal accounts to shop in our on-line store or to participate in our on-line communities, such as our message boards. You have the ability to edit your User Information at any time, and may delete your account at your convenience. Under no condition will O'Kelly's share your user account information with another individual, business or government entity, unless O'Kelly's is required to respond to court orders, subpoenas or other legal process.

5. Encryption. All user account pages are protected with Secure Socket Layer (“SSL”) encryption. All user accounts must be accessed with username and password. You are advised not to share your username and password with any other person.

 

Please remember that communications over the Internet, such as emails and webmails (messages sent through a web site), are not secure unless they have been encrypted. Your communications may go through a number of countries before they are delivered - this is the nature of the Internet. We cannot accept responsibility for any unauthorized access or loss of personal information that is beyond our control.

 

7. Contact. You may contact O'Kelly's directly by e-mailing okellysemail@yahoo.com should you have any questions regarding this policy.

 

 

FORM F: TERMS OF SERVICE

1. Acceptance of Terms of Use. O’KELLY’S SPORTS BAR AND GRILLE (“O'Kelly's") provides its on-line services and Web Site to you, the User, subject to this Terms of Service Agreement (“TOS”). O'Kelly's reserves the right to alter the TOS at any time without notice to User. By using the O'Kelly's web site, located at the URL www.okellyssportsbar.com User agrees to abide by this TOS Agreement.

2. On-line Services and Disclaimer of Warranty. The O'Kelly's web site provides on-line resources including, but not limited to, on-line information regarding O'Kelly's software games, downloadable demo programs, and on-line communities. Any new services, resources or informational content added to the web site shall fall under the terms of this TOS Agreement. The on-line resources, informational content, and software on this web site is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. O’KELLY’S assumes no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use the O'Kelly's website.

3. Registration. Certain areas of the O'Kelly's web site are provided solely to registered Users of the website. Any User registering for such services agrees to provide true and accurate information during the registration process. O'Kelly's reserves the right to terminate the access of such Users should O'Kelly's know, or have reasonable grounds to suspect, that a User has entered false or misleading information during the registration process. ALL REGISTERED USERS MUST BE OF LEGAL AGE TO REGISTER. Children under the age of 18 shall not be permitted to register unless under the strict supervision of a legal guardian. O'Kelly's reserves the right to require valid credit card information as proof of legal age. O'Kelly's maintains strict on-line Privacy Policy and will not sell or give your information to other parties.

4. User account. Users will select a username and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify O'Kelly's at okellysemail@yahoo.com should User know, or have reasonable grounds to suspect, that the username and password have been compromised. O'Kelly's shall not be responsible for User’s failure to abide by this Paragraph.

5. Informational content supplied by Users. User understands that all pictures, information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the O'Kelly's web site, or privately transmitted through the O'Kelly's web site, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using O'Kelly's web site. O'Kelly's does not and cannot control the informational content Users transmit through the O'Kelly's web site. Under no circumstances shall O'Kelly's be held liable for User’s exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall O'Kelly's be held liable for any errors or omissions in any informational content transmitted by Users.

6. User conduct. User agrees to not use the O'Kelly's web site to:

            (a) upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;

            (b) harm legal minors;

            (c) collect personal information on, “cyberstalk” or harass another User, or        engage in conduct that negatively affects the on-line experience of another User;

            (d) impersonate another User, person, or entity, including any official or
            employee of O'Kelly's;

            (e) intentionally or unintentionally violate any local, state, or federal law,
            including violations of the Copyright Act;

            (f) upload, post or transmit any software or files that contain software viruses or             other harmful computer code;

            (g) interfere with the operation of O'Kelly's web servers or other computers or Internet or network connections;

            (h) upload, post or transmit any informational content that is the copyrighted,      patented or trademarked intellectual             property of another, or the trade secret of or     confidential information of another;

            (i) upload, post or transmit and unsolicited or unauthorized advertising, including             “spam” or ‘junk mail.”

            O'Kelly's does not pre-screen uploaded, posted or transmitted content, but O'Kelly's reserves the right to inspect, edit and delete any content that O'Kelly's knows, or has reason to know, has violated this TOS Agreement. O'Kelly's reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS Agreement. O'Kelly's may disclose any informational content Users post, upload or transmit to the O'Kelly's web site, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of O'Kelly's, the public, or other Users.

7. Content submitted by Users. O'Kelly's does not claim ownership of any informational content including pictures submitted by Users to the O'Kelly's web site. User grants O'Kelly's a non- exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the O'Kelly's web site. This license exists only so long as User allows its content to remain on the O'Kelly's web site and will terminate in the event that User removes such content.

8. Indemnity. You agree to indemnify and hold O'Kelly's, 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 including pictures you submit, post, transmit or make available 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. User agrees not to reproduce, copy, duplicate, or sell any portion of the O'Kelly's web site.

10. Limits and modifications. O'Kelly's may establish without notice limits on the use of its web site, including the maximum number of times Users may post to or participate in the online communities, or to the number of times Users may access the O'Kelly's web site. O'Kelly's reserves the right to modify any and all portions of the O'Kelly's web site without notice. Under no circumstances shall O'Kelly's be liable to User or any other party for such limits or modifications.

11. Termination of User account. O'Kelly's may, at its sole discretion, terminate the User’s account for any reason. Under no circumstances shall O'Kelly's be liable to User or any other party for such termination of User’s account.

12. Third party advertisers. O'Kelly's may allow third party advertisers to advertise on the O'Kelly's web site. O'Kelly's takes no responsibility for User’s dealings with, including any on-line or other purchases from, any third party advertisers. O'Kelly's shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.

13. Hyperlink policy. The O’KELLY’S SPORTS BAR AND GRILLE site contains hyperlinks to other Internet sites not under the editorial control of O’KELLY’S SPORTS BAR AND GRILLE, These hyperlinks are not express or implied endorsements or approvals by O’KELLY’S SPORTS BAR AND GRILLE, of any products, services or information available from these sites.

14. O'Kelly's intellectual property rights. User agrees not to distribute, license, or create derivative works from any of O'Kelly's copyrighted or trademarked material, including graphic files and software, available on the O'Kelly's web site.

15. No warranties. THE INFORMATION AND DOWNLOADABLE SOFTWARE PROVIDED  ON THIS WEB SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS  OR  IMPLIED, ARE  DISCLAIMED,  INCLUDING,  BUT  NOT  LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.

 
16. Limitation of liability. O’KELLY’S SPORTS BAR AND GRILLE’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). O’KELLY’S SPORTS BAR AND GRILLE IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 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 LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

17. Notice. Notices may be posted to the O'Kelly's web site or e-mailed to Users using the e-mail address Users submitted during the registration process.

18. General. This TOS Agreement constitutes the entire agreement between you and O'Kelly's and governs your use of the O'Kelly's web site. This TOS Agreement shall be governed by the laws of the State of Michigan. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of Isabella in the State of Michigan. The failure of O'Kelly's 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 this TOS Agreement 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 Agreement remain in full force and effect. Any claim arising under the terms of this TOS agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.

19. Violations. Please report any known or suspected violations of the Terms of Use, including any suspected copyright or trademark violations, to okellysemail@yahoo.com.