Captain Ron's Terms And Conditions

Terms And Conditions

Last Updated: January 6, 2013

PLEASE READ THIS DOCUMENT CAREFULLY. CGPC Solutions, LLC ("Captain Ron’s Point Of Sale System," "we," or "us") offers an online, and onsite menu and point of sale system and community through its website located at Captainronspos.com (the "Captain Ron’s Point Of Sale System Site") and related domains (including Captainronspizza.com), mobile applications, desktop applications, and PC applications (collectively, the "Captain Ron’s Point Of Sale System"). By registering as a client or by using the Captain Ron’s Point Of Sale System Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and Captain Ron’s Point Of Sale System. If you do not wish to be bound by this Agreement, do not use the Captain Ron’s Point Of Sale System Service.

Content

 

1.     License to Use the Captain Ron’s Point Of Sale System Service

2.     Privacy

3.     Membership

4.     Subscriptions and Purchases

5.     Term and Termination; Account Deletion

6.     Content Restrictions

7.     Code of Conduct

8.     Licenses Granted by You

9.     Your Representations and Warranties

10.   Indemnification

11.   Third Party Copyrights and Other Rights

12.   Disclaimers

13.   Limitation of Liability

14.   Compliance Notice Pursuant to 18 U.S.C. § 2257

15.   General Provisions



1. License to Use the Captain Ron’s Point Of Sale System

LICENSE: Captain Ron’s Point Of Sale System grants you a limited, non-exclusive license to access and use the Captain Ron’s Point Of Sale System Service for your own personal, and commercial purposes. This includes the right to view content available on the Captain Ron’s Point Of Sale System web site. This license is personal to you and may not be assigned or sublicensed to anyone else.

COMMERCIAL USE: You may use the Captain Ron’s Point Of Sale System Service for commercial purposes provided:

·         You are a Captain Ron’s Point Of Sale System user, in which case you may use and access the Captain Ron’s Point Of Sale System Service for commercial and non-commercial purposes, subject to compliance with the Captain Ron’s Point Of Sale System Guidelines; or

·         You are a small-scale independent restaurant in which case you may use the Captain Ron’s Point Of Sale System Service to showcase or promote your menu.

RESTRICTIONS: Except as expressly permitted by Captain Ron’s Point Of Sale System in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Captain Ron’s Point Of Sale System. Nor will you take any measures to interfere with or damage the Captain Ron’s Point Of Sale System Service. All rights not expressly granted by Captain Ron’s Point Of Sale System are reserved.

MOBILE APP: Your use of the Captain Ron’s Point Of Sale System Service through one of our mobile applications is also subject to our Mobile App Addendum.

2. Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

·         What information we may collect about you;

·         What we use that information for; and

·         With whom we share that information.

 

3. Membership

REGISTRATION: To fully use the Captain Ron’s Point Of Sale System Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Captain Ron’s Point Of Sale System and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Captain Ron’s Point Of Sale System Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately at support@captainronspos.com.

4. Subscriptions and Purchases

OPTIONS: In addition to offering basic memberships, we offer Captain Ron’s Point Of Sale System Plus and Captain Ron’s Point Of Sale System PRO subscriptions. Captain Ron’s Point Of Sale System PRO users may also purchase additional storage and plays. Please see our subscription pages for current Plus and Pro features and pricing. Features and prices are subject to change. All fees may be subject to taxes.

CANCELATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancellation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Captain Ron’s Point Of Sale System. If you have questions, please contact support@captainronspos.com.

RENEWALS: By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Captain Ron’s Point Of Sale System reserves the right to deny subscriptions, renewals, and other purchases for any reason.

END OF SUBSCRIPTION: When a Captain Ron’s Point Of Sale System Plus subscription ends, the account automatically becomes a basic account. When a Captain Ron’s Point Of Sale System PRO subscription ends, the account (including all content) will be deleted within fourteen (30) days. We can provide you a copy of your database within 30 days if requested.

OTHER PURCHASES: Purchases of other products and services through the Captain Ron’s Point Of Sale System Service may be subject to other terms and conditions that are presented to you at the time of purchase.

5. Term and Termination; Account Deletion

TERM: This Agreement begins on the date you first use the Captain Ron’s Point Of Sale System Service and continues as long as you have an account with us.

ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Captain Ron’s Point Of Sale System Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.

TERMINATION FOR BREACH: Captain Ron’s Point Of Sale System may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Captain Ron’s Point Of Sale System determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Captain Ron’s Point Of Sale System's reputation and goodwill. If Captain Ron’s Point Of Sale System deletes your account for the foregoing reasons, you may not re-register for the Captain Ron’s Point Of Sale System Service. Captain Ron’s Point Of Sale System may block your email address and Internet protocol address to prevent further registration.

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Captain Ron’s Point Of Sale System will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Captain Ron’s Point Of Sale System shall not be responsible for the loss of such content.

6. Content Restrictions

You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:'

·         Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);

·         Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);

·         Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;

·         Exploits minors;

·         Depicts unlawful acts or extreme violence;

·         Depicts animal cruelty or extreme violence towards animals;

·         Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or

·         Violates any law.

All videos you submit must also comply with our Uploading Guidelines, which are incorporated into this Agreement. If you are a Captain Ron’s Point Of Sale System PRO user, you must comply with our Captain Ron’s Point Of Sale System PRO Guidelines.

7. Code of Conduct

In using the Captain Ron’s Point Of Sale System Service, you must behave in a civil and respectful manner at all times. Further, you will not:

·         Act in a deceptive manner by, among other things, impersonating any person;

·         Harass or stalk any other person;

·         Harm or exploit minors;

·         Distribute "spam";

·         Collect information about others; or

·         Advertise or solicit others to purchase any product or service within the Captain Ron’s Point Of Sale System Site (unless you are an official Captain Ron’s Point Of Sale System partner or advertiser and have a written agreement with Captain Ron’s Point Of Sale System).

Captain Ron’s Point Of Sale System has the right, but not the obligation, to monitor all conduct on and content submitted to the Captain Ron’s Point Of Sale System Service.

8. Licenses Granted by You

8.1 Videos And Graphics

LICENSE TO CAPTAIN RON’S POINT OF SALE SYSTEM: As between you and Captain Ron’s Point Of Sale System, you own the video and graphic content ("graphics") that you submit to the Captain Ron’s Point Of Sale System. By submitting graphics, you grant Captain Ron’s Point Of Sale System and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the graphics within the Captain Ron’s Point Of Sale System Service; (ii) displaying the graphics on third party websites and applications through a video or graphics embed or Captain Ron’s Point Of Sale System's API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, or graphics subject to your privacy choices; (iii) promoting the Captain Ron’s Point Of Sale System Service, provided that you have made the video, and graphics publicly available; and (iv) archiving or preserving the video, or graphics for disputes, legal proceedings, or investigations.

LICENSE TO OTHER USERS: You further grant all users of the Captain Ron’s Point Of Sale System Service permission to view your videos, and graphics for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos, and graphics solely to the extent necessary to view the videos, and graphics. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).

DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the Captain Ron’s Point Of Sale System Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that Captain Ron’s Point Of Sale System has no control over such caching.

8.2 Non-Video, And Graphics Content

As between you and Captain Ron’s Point Of Sale System, you own all non-video, and non-graphic content that you submit to the Captain Ron’s Point Of Sale System Service. You grant Captain Ron’s Point Of Sale System and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called "moral rights" in your non-video, and non-graphic content. You further grant all users of the Captain Ron’s Point Of Sale System Service permission to view your non-video, and non graphic content for their personal, non-commercial purposes. If you make suggestions to Captain Ron’s Point Of Sale System on improving or adding new features to the Captain Ron’s Point Of Sale System Service, Captain Ron’s Point Of Sale System shall have the right to use your suggestions without any compensation to you.

9. Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Captain Ron’s Point Of Sale System and grant the licenses set forth above; (ii) Captain Ron’s Point Of Sale System will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

10. Indemnification

You will indemnify, defend, and hold harmless Captain Ron’s Point Of Sale System and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Captain Ron’s Point Of Sale System Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Captain Ron’s Point Of Sale System violates any law or infringes any third party right, including any intellectual property or privacy right.

11. Third Party Copyrights and Other Rights

Captain Ron’s Point Of Sale System respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at legal@captainronspos.com.

12. Disclaimers

Captain Ron’s Point Of Sale System reserves the right to modify the Captain Ron’s Point Of Sale System Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Captain Ron’s Point Of Sale System Service. Captain Ron’s Point Of Sale System has no obligation to screen or monitor any content and does not guarantee that any content available on the Captain Ron’s Point Of Sale System Service complies with this Agreement or is suitable for all users.

Captain Ron’s Point Of Sale System provides the Captain Ron’s Point Of Sale System Service on an "as is" and "as available" basis. You therefore use the Captain Ron’s Point Of Sale System Service at your own risk. Captain Ron’s Point Of Sale System expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Captain Ron’s Point Of Sale System makes no representations or warranties:

·         That the Captain Ron’s Point Of Sale System Service will be permitted in your jurisdiction;

·         That the Captain Ron’s Point Of Sale System Service will be uninterrupted or error-free;

·         Concerning any content submitted by any member;

·         Concerning any third party's use of content that you submit;

·         That any content you submit will be made available on the Captain Ron’s Point Of Sale System Service or will be stored by Captain Ron’s Point Of Sale System; or

·         That the Captain Ron’s Point Of Sale System Service will meet your business or professional needs;

·         That Captain Ron’s Point Of Sale System will continue to support any particular feature of the Captain Ron’s Point Of Sale System Service.

·         Concerning sites and resources outside of the Captain Ron’s Point Of Sale System Service, even if linked to from the Captain Ron’s Point Of Sale System Service.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Captain Ron’s Point Of Sale System Service, and no warranties shall apply after such period.

13. Limitation of Liability

To the fullest extent permitted by law: (i) Captain Ron’s Point Of Sale System 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; and (ii) Captain Ron’s Point Of Sale System's total liability to you shall not exceed the amounts paid by you to Captain Ron’s Point Of Sale System over the twelve (12) months preceding your claim(s).

14. Compliance Notice Pursuant to 18 U.S.C. § 2257

All pictures, graphics, videos, and other visual media displayed on the Captain Ron’s Point Of Sale System Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. Captain Ron’s Point Of Sale System is not the primary producer of the visual content contained in the Captain Ron’s Point Of Sale System Service.

15. General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

DISPUTES: Any action arising out of or relating to this Agreement or your use of the Captain Ron’s Point Of Sale System Service must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, Captain Ron’s Point Of Sale System and you irrevocably waive any right to a trial by jury.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Captain Ron’s Point Of Sale System in exercising any right hereunder will waive any further exercise of that right. Captain Ron’s Point Of Sale System's rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Captain Ron’s Point Of Sale System's prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Captain Ron’s Point Of Sale System electronically. Captain Ron’s Point Of Sale System may provide all such communications by email or by posting them on the Captain Ron’s Point Of Sale System Service. For support-related inquiries, you may send an email to support@captainronspos.com. You may send notices of a legal nature to Captain Ron’s Point Of Sale System at legal@captainronspos.com or the following address:

CGPC Solutions, LLC
6911 Torresdale Ave.
Philadelphia, PA. 19135
Attention
: Legal Department

Nothing herein shall limit Captain Ron’s Point Of Sale System's right to object to subpoenas, claims, or other demands.