www.Parkway46Diner.com (the “Website” or the “Site”) is owned by Parkway Diner (“we,” “us,” “our” or “Parkway Diner”). By visiting, using and/or accessing the Website and any of the features made available to you by the Website, you hereby agree to these Terms of Service. If you do not agree with these Terms of Service, you are not authorized by Parkway Diner to access and/or use any portion of the Website. These Terms of Service shall remain in full force and effect while you use or access the Website. It is your responsibility to periodically review the most up-to-date version of these Terms of Service located at www.Parkway46Diner.com/terms-of-use. We may, in our sole discretion, modify or revise these Terms of Service at any time, and by continuing to access the Website after such modifications or revisions are posted, you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any rights or benefits on you or any third party.
AUTHORIZED USES:
Information presented on this Website is public information unless otherwise indicated in these Terms of Service. Unless otherwise indicated, materials presented on this Website may be distributed or copied. Notwithstanding the foregoing, use of appropriate byline/photo/image credits is required. Requests for use of appropriate byline/photo/image credit shall be made to Parkway Diner at webmaster@I-DesignLLC.net.
Unauthorized attempts to upload or change information on this Website are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act. Any unauthorized use or violation of these Terms of Service immediately and automatically terminates your right to use this Website and may subject you to legal liability. You agree not to use the Website for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes), and you agree that you will comply with all laws, rules and regulations related to your use of the Website, including, without limitation, any applicable copyright. Appropriate legal action will be taken for any illegal or unauthorized use of the Website.
You may use this Website only for your personal and non-commercial purposes and subject to these Terms of Service, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You may not use this Website for commercial purposes, such as to promote a product or service, without our prior written consent.
By accessing and using the Website, you represent and warrant that you are at least 18 years old. This Website is not intended for, and we have no intention of collecting personally identifiable information from, any child who is not at least 18 years old. Additionally, if you are not at least 18 years old, you are not authorized to register or submit any information to this Website without the explicit consent of your parent or legal guardian. If you live in a state where consent of a parent or guardian is required if you are under the age of 18, you may be required by us to secure such consent prior to your registration with the Website.
LINKS:
The appearance of hyperlinks to other websites on this Website does not constitute endorsement by Parkway Diner or affiliation or association with such websites. Parkway Diner does not exercise any editorial control over the information you may find at these websites. The purpose of providing these links is exclusively to assist your pursuit of further information about Parkway Diner.
We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible for the practices or the content of such other websites or services.
PROVIDING INFORMATION ON THE SITE:
If you access the Site anonymously, you may do so as a “Visitor” and will not be required to provide certain personally identifiable information. However, if you wish to fill out a member form (“Member Access Form”), you will have to provide personally identifiable information, which may include name, address, email address, phone number and Tax ID, as applicable. By filling out a Member Access Form you consent to be contacted by Parkway Diner. Additionally, in order to access certain areas of the Website, post a question or personalize your experience on the Website, you will have to register for an account by providing certain personally identifiable information. See our Privacy Policy regarding how such information is used. You must provide truthful information, and may not use any aliases or other means to mask your true identity. You hereby provide us with authorization to verify any personal information submitted. Your account is for your sole, personal use; you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. We may suspend or terminate your account or access at any time with or without notice.
PERMITTED USE:
Material from this Website may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms of Service immediately and automatically terminates your right to use this Website and may subject you to legal liability. You agree not to use the Website for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Website. Appropriate legal action will be taken for any illegal or unauthorized use of the Website. Some examples of unauthorized or illegal use of this Website include, but are not limited to:
- Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
- The unauthorized framing by you of the Website;
- Criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets;
- Covering or obscuring the banner advertisements on any Website page via HTML/CSS or any other means;
- Any automated use of the system, such as using scripts to alter content;
- Interfering with, disrupting or creating an undue burden on the Website or the networks or services connected to the Website;
- Attempting to impersonate another user or person;
- Using the account, username or password of another user, as applicable, at any time, or disclosing your password, as applicable, to any third party or permitting any third party to access your account;
- Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on the Website;
- Using the Website in a manner inconsistent with any and all applicable laws and regulations.
ADMINISTRATOR:
We reserve the right to monitor all content posted by users on the Site through the use of filters and administrative personnel for compliance with these Terms of Service. However, due to the nature of the Site, Parkway Diner may be unable to review or screen all user content posted to the Site. Parkway Diner reserves the right to monitor and inspect any and all transmissions made through the Site and to block, delete or modify any transmissions in contravention of these Terms of Service or that is otherwise objectionable as determined by Parkway Diner in its sole and absolute discretion. In addition, to any other right and remedy that may be available to us, we reserve the right to prevent any user from accessing the Site that has, or may, violate these Terms of Service.
LICENSE TO SUBMISSIONS:
By posting a question or any other content (excluding personally identifiable information) (“Submission”) to the Website, you hereby grant us a royalty-free, irrevocable, perpetual, non-exclusive sub-licensable license to use, reproduce, modify, publish, create derivative works from and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed including without limitation, at the website www.Parkway46Diner.com for any legal use, including without limitation, for promotional and marketing of Parkway Diner, and its products and/or services. If necessary, you will sign any necessary documentation that may be required for Parkway Diner or its designees to make use of the nonexclusive rights you are granting to use the Submission. For clarity, Parkway Diner is under no obligation to use your Submission in any manner nor will use of your Submission entitle you to any compensation whatsoever. All such uses of your Submission will be on an anonymous basis, meaning that we will never post your Submission in conjunction with your name or any other personally identifiable information.
You represent and warrant that: (i) you own the Submission posted by you on the Website or otherwise have the right to grant the license set forth herein, and (ii) your Submission does not violate any applicable laws or the rights of any third parties.
OUR PROPRIETARY RIGHTS:
This Website is protected by copyright, trademark and other laws, and we own and retain all rights in our content on the Website. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display our content (excluding any software code) solely for your personal use in connection with viewing and utilizing the Website for its intended purposes.
TERMINATION OF ACCESS:
In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Website, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
PRIVACY AND UNSUBSCRIBE:
The privacy of your personal information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy located at www.Parkway46Diner.com/privacy-policy. By using and providing information on the Website, you consent to the collection and use of information by Parkway Diner and the terms of our Privacy Policy located at www.Parkway46Diner.com/privacy-policy. Parkway Diner may change our Privacy Policy from time to time, and we will post those changes on this Privacy Policy so that you are always aware of what information we collect, how we use it and under what circumstances we may disclose it. We urge you to check back from time to time to make sure you are familiar with our most updated Privacy Policy. By using and providing information on www.Parkway46Diner.com, you agree to be legally bound and to abide by the changes and other provisions contained in the Privacy Policy.
ACCESSIBILITY:
In 1998, Section 508 of the Rehabilitation Act Amendments, as amended by the Workforce Investment Act of 1998, issued accessibility standards setting forth electronic and information technology performance criteria. Parkway Diner is constantly working to ensure that this Website is accessible to all visitors. If you find a problem that prevents access, please use the form available on the Contact Us page.
DISCLAIMER:
We are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors or omissions arising out of your use of this Website or with respect to the information and material contained on this Website. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS,” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PARKWAY DINER WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE OR PERSONAL INJURY/WRONGFUL DEATH THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT CONTAINED ON THIS WEBSITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD PARTY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY:
You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from, or related to (i) any breach by you of these Terms of Service, (ii) the content of any information submitted by you, (iii) your use of content or features available on the Website in an unauthorized manner, and/or (iv) a violation by you of any and all applicable laws, rules or regulations.
MISCELLANEOUS:
The laws of the United States of America shall govern these Terms of Service. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE FEDERAL COURTS LOCATED IN THE COMMONWEALTH OF NEW JERSEY FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE WEBSITE. If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. These Terms of Service and your account on the Website are personal to you and may not be transferred or assigned. Our performance under these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.
INTERNATIONAL ACCESS:
Our Website is provided from the United States of America, and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Website. We make no representations regarding the legality of this Website in any other country, and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Contact Us:
Please contact us at webmaster@I-DesignLLC.net or write us at Parkway Diner, 260 US-46, Elmwood Park NJ 07407 with any questions regarding these Terms of Service.
EFFECTIVE DATE:
These Terms of Service were last updated on January 1, 2020.
