TERMS OF USE & PRIVACY POLICY
These terms and conditions (the “Terms and Conditions”) constitute an agreement between you and Joseph Muldoon (“Joe Muldoon”), and govern your use of Muldoon’s services on all internet locations including but not limited to his Website, Facebook, and Yelp websites (collectively the “Website”) and your submission (a “Submission”) of any material, including without limitation, your comments, name, text, photographs, videos, and any other content or information, (the “Content”) for use by Muldoon’s on the internet as set forth below.
By using Muldoon’s, or making a Submission of any Content to the Muldoon via its website or through any other website or software or application including but not limited to Facebook and Yelp, you are agreeing to be bound by the following terms and conditions. Muldoon reserves the right to modify these Terms and Conditions at any time. You are responsible for regularly reviewing these Terms and Conditions and any additional terms and conditions posted to these Terms and Conditions. Your continued use of the Website constitutes your agreement to all such additional terms and conditions. You understand that you must be eighteen (18) years of age or older in order to submit Content.
ARTICLE 1. GRANT OF RIGHTS
1.1 By making a Submission of Content, you hereby grant to Muldoon, its subsidiaries and affiliated companies and its respective licensees, successors and assigns, the unlimited right and permission to use the Submission or any part thereof, as well as any other information you provide to Muldoon, anywhere in the world, at any time, in any manner, media or venue (whether now known or hereafter devised) and for any lawful purpose whatsoever, including, without limitation, for purposes of commerce, merchandising, entertainment, advertising, promotion or trade in promoting and publicizing the Website, Muldoon, and its services.
1.2 Muldoon shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission in any manner for any purpose that Muldoon deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission and you agree that you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of the Submission.
ARTICLE 2. RIGHT TO REMOVE
2.1 Muldoon shall have no obligation (express or implied) to post or otherwise use your Submission and Muldoon may at any time remove your Submission at any time and for any reason without prior notice.
ARTICLE 3. REPRESENTATIONS AND WARRANTIES
3.1 You represent and warrant to Muldoon as follows:
3.1.1 You are eighteen (18) years of age or older;
3.1.2 You have fully complied with all rules, terms and conditions contained in these Terms and Conditions;
3.1.3 the Submission as well as any other information you provide to Muldoon are true and correct and do not violate any State of Federal Law.
3.1.4 You have secured all rights from all other persons who appear in the Submission necessary to allow you to grant to Muldoon all rights of such other persons in the Submission;
3.1.5 You are the owner of all rights in the Submission, the Submission is completely original and was created solely by you, and the Submission does not incorporate any material that is owned by anyone other than you, or, if you have included any third-party materials (including, for example and without limitation, any photography, artwork, text, copy, trademarks or logos owned by anyone other than you) in your Submission, you have secured all rights in the third-party materials necessary to allow you to grant to Muldoon the rights in the third-party materials as detailed in the paragraph above, captioned “Grant of Rights”;
3.1.6 You have the right to grant the rights granted herein, and neither the Submission, nor the use of the Submission by Muldoon will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws.
3.1.7 In addition, the Submission does not contain any content:
(a) That is defamatory, libelous, abusive, threatening, racist, sexist, homophobic, vulgar, obscene, pornographic, offensive, indecent, or otherwise objectionable;
(b) That promotes hatred or physical harm of any kind against any group or individual;
(c) That is derogatory to members of a particular race, nationality, sex, sexual orientation or religion;
(d) That promotes illegal activity; or
(e) That contains any advertising or other commercial content.
ARTICLE 4. USER GENERATED CONTENT
4.1 You understand and agree that when using the Website, you may be exposed to content posted or submitted by users such as comments (collectively, “User Generated Content”), and that Muldoon is not in any manner responsible for the User Generated Content, and that Muldoon does not guarantee the accuracy, integrity, quality, or intellectual property rights of or relating to such User Generated Content, and that Muldoon cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website.
4.2 You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, Muldoon is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website.
4.3 Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of Muldoon or its affiliated or related entities or content providers.
ARTICLE 5. INDEMNIFICATION
5.1 You hereby agree to defend, indemnify and hold Muldoon, its parent, subsidiaries and affiliated companies and its respective licensees, successors and assigns, harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable attorney’s fees, relating to or arising out of your use of the Website, including, without limitation, any use of your Submission by Muldoon and any breach or alleged breach of any of your warranties, representations or agreements hereunder.
ARTICLE 6. CHILDREN’S PRIVACY
6.1 The site is intended for adults and only. Muldoon does not intentionally or knowingly collect, personally-identifiable information from people under the age of eighteen (18) and we request that individuals under the age of eighteen (18) not view this Website or submit any personal information or Submissions on the Website.
ARTICLE 7. linked sites
7.1 You may be able to link to third parties’ Web Sites (”Linked Sites”) from the Website or any other website. Linked Sites are not, however, reviewed, controlled, or examined by Muldoon in any way and Muldoon is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein.
7.2 These links do not imply Muldoon’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Muldoon be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites.
7.3 You should direct any concerns to that site’s administrator or webmaster. Muldoon reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or introduce different features or links to different users.
7.4 SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
7.5 Permission must be granted by us for any type of link to the Website.
7.5.1 To seek our permission, you may write to Muldoon at Robertas.Joe@Verizon.net.
Muldoon reserves the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Website, at our sole discretion at any time.
ARTICLE 8. SECURITY
8.1 Transmissions over the Internet are never 100% secure or error-free. However, we take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.
8.2 It is your responsibility to notify us at Robertas.Joe@Verizon.net if you ever suspect that your personal information has been compromised. You are solely responsible for any unauthorized use of the site conducted via your personal information.
8.3 In operating Muldoon, Muldoon does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website or Muldoon mail and e-mail addresses, or in any other way.
8.4 Any information or material submitted or sent to Muldoon, shall be deemed not to be confidential or secret.
ARTICLE 9. GENERAL
9.1 These Terms and Conditions constitute the entire agreement between you and DTG. These Terms and Conditions and the relationship between you and Muldoon shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions.
9.2 Muldoon’s failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
9.3 If any provision of these Terms and Conditions 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 Terms and Conditions remain in full force and effect.
Terms and Conditions of Use.
Privacy policy.
PRIVACY STATEMENT
Joseph Muldoon provides a Restaurant and Food Services that are subject to your compliance with this Privacy Statement and Muldoon’s Terms of Use Agreement (collectively the “Agreement”). Please read this Agreement carefully before using Muldoon ‘s services and website (collectively the “Muldoon” ). Your use of this Muldoon constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Muldoon. This Agreement sets forth Muldoon’s policies with respect to its operation of his services and website.
Certain products or services offered by Muldoon may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or Muldoon Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY IMAGES OR SERVICE OFFERED BY Muldoon FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS WEBSITE MAY BE TERMINATED IMMEDIATELY IN DTG’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Some services or images offered by Muldoon may contain adult content intended for people who are at least eighteen (18) years old. By viewing this adult content, you are representing that you are at least eighteen (18) years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you.
This Agreement informs you of Muldoon’s practices with respect to the online collection, use, and disclosure of personal information from the Website. Personal information is information that allows us to contact you (such as email address, home address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your visit to our Website by providing you with information that suits your interests.
Muldoon is the owner of this Website and retains all ownership rights to the information collected at this Website. DTG reserves the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to check back from time to time.
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org.
ARTICLE 1. Personalization
1.1 We may use the contact information you give us to better tailor your Website experience to your interests, and to send you information about Muldoon and its services as well as promotional material on behalf of some of our partners. We may use other information that you provide to us to show you content in which you may be interested and to display the content according to your preferences. We will also share this information in other ways that Muldoon may provide services with other websites.
1.2 In addition, we may share this information with advertisers or other third parties that are not part of Muldoon on an aggregate or other basis that does not disclose your identity or contact information.
ARTICLE 2. Shopping/Commercial Services
2.1 This Website may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If our Website offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).
2.2 We will use the financial information that you provide to bill you for products and services. By giving our Website your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.
2.3 We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.
ARTICLE 3. Information Sharing With Third Parties
3.1 From time to time we may enter into a special relationship with another company that is not owned by DTG to provide additional features at this Website. These special relationships may include “powered by” partners, business partners, sponsors, and co-branded sites (referred to here as “co-branded pages”) and any and all non affiliated Muldoon companies.
ARTICLE 4. IP Address and Log Files
4.1 We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.
ARTICLE 5. cookies
5.1 This Website may use a standard technology called a “cookie” to collect information about how you use the Website. Cookies reside on your computer and help our Website to recognize your computer’s browser as a previous visitor. This information allows us to customize delivery of information.
5.2 Finally, we may also use an ad network provider to help present advertisements on this and future Muldoon websites. This ad network provider, like other advertising service vendors, uses cookies, web beacons, or similar technologies on the hard drive of your computer to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, and to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, the provider collects non-personal data such as your browser type, your operating system, web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of cookies, web beacons, or similar technologies by these ad network providers is subject to their own privacy policies, not ours.
ARTICLE 6. Children’s Personal Information
6.1 Consistent with the Children’s Online Privacy Protection Act:
9.1.1 Muldoon does NOT collect, use, or disclose personal information (including online contact information) of children under the age of thirteen (13).
9.1.2 In the event that a child under the age of 13 attempts to register Muldoon, we will NOT accept the registration and will delete information received from the child.
9.1.3 In the event that a child posts personal information in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.
ARTICLE 7. Security of Your Personal Information
10.1 Muldoon employs reasonable security measures consistent with standard industry practice, for information collected through this Website.
ARTICLE 8. Legal Process
12.1 You should be aware that Muldoon may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.
ARTICLE 9. Contacting the Website
13.1 If you have any questions about this Privacy Statement, the practices of this Website, or your dealings with this Website, please contact us at Robertas.joe@Verizon.net
ARTICLE 10. General Information
10.1 This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of Pennsylvania, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.
10.2 You agree that any cause of action you or Muldoon brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this Website and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in Philadelphia, Pennsylvania.
10.3 You agree to submit to the personal jurisdiction of the courts of the State of New Jesrey for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.
10.4 If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and DTG with respect to the use of Muldoon Website or services and shall not be modified except in writing, signed by an authorized representative of Muldoon.
ARTICLE 11. European Union and Other Foreign Nations
15.1 This Website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. Muldoon makes no representation that this Website is governed by or operated in accordance with the laws of other nations. By using this Website and submitting any personal information, visitors from outside of the United States acknowledge this Website is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.
Notification of Copyright Infringement
Joseph Muldoon respects the intellectual property rights of everyone and expects people who request his services to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Muldoon will respond as soon as possible claims of copyright infringement committed using online publishing services that are reported to Muldoon via e-mail: Robertas.Joe@Verizon.Net
If you own the copyright or are the authorized person on behalf of an owner under any exclusive right under copyright, please report alleged copyright infringements taking place to Muldoon service by completing answering the following DMCA Notice of Alleged Infringement and delivering emailing it to Robertas.Joe@Verizon.Net. Upon receipt of Notice as described below, Muldoon will take whatever action, in his sole discretion of the challenged use.
Copyright Owner:
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing activity and that access to which is to be disabled, provide the URL of the link shown by Muldoon. Provide the date which it was published and on what website.
Upload a screen shot of the live material.
Please provide the following in your Email.
First Name *
Last Name *
Title *
Company Name *
Address 1 *
Address 2 *
City *
State/Province *
Country *
ZIP/Postal Code *
Phone *
Your email address *
Please indicate that you are making both of the following statements.
"I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and."
"I am the owner, or an agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
"This notification is accurate."
"I acknowledge that there may be adverse legal consequences for making false or bad faith allegations of copyright infringement by using this process."
"I understand that abuse of this tool will result block access of BUBLU.EU."
Typing your full name in the Email will act as your digital signature *
By clicking the "Submit" button you are submitting the above DMCA Notice of Alleged Infringement to Muldoon Designated Copyright Agent.
