Visitor Agreement
Terms of Use
Welcome to this website, a service of Midnight Munchies and its
subsidiaries (collectively, “Midnight Munchies,” “we,” or “us”).
Please read this Visitor Agreement before you use this website. By
using this website, you agree to abide by the terms of this Visitor
Agreement. We may change the terms of this Visitor Agreement from time
to time. By continuing to use the website after we post any changes,
you accept and agree to this Visitor Agreement, as modified.
This Visitor Agreement applies to the website(s) owned and operated by
Midnight Munchies on which it is posted. Some Midnight Munchies
websites may have different or additional terms for their respective
visitor agreements, terms of use, subscriber agreements, privacy
policies, or other terms and policies. In these cases, those
agreements, terms, and policies apply to those sites. By accessing
any other Midnight Munchies website, you agree to abide by each
website’s applicable visitor agreement, terms of use, subscriber
agreement, privacy policy, or other terms and policies.
Privacy
Midnight Munchiesrespects the privacy of our visitors to and users of this
website. Please review our Privacy Statement located at
Feedback
We invite you to send in your questions or comments about this
website, or to bring to our attention any material you believe to be
inaccurate. You may provide general feedback using the Feedback forms
found on the website. If you would like to communicate with us
directly, you may do so using the Contact Us forms found on the
website, and we will, if appropriate, respond to you.
Contents and Linking
The material that appears on this website is for general informational
purposes only. While we try to ensure that any information we post to
this website is both timely and accurate, errors may appear from time
to time. This website may not be updated daily, and certain
information may not be the most current information available. Though
we may post follow-up information and reports, and may continue to
provide access to the original information and reports, as in an
archive of news stories, for example, we may not go back and change
the original report to reflect new developments. If you're looking for
the most recent information on a given subject be sure you're not
looking at an out of date report. Before you act on information you've
found on our website, you should independently confirm any facts that
are important to your decision.
Midnight Munchies is not responsible for, and cannot guarantee the
performance of, any products and services provided by any advertisers
or others, including those to whose websites we link. A link to
another website does not constitute an endorsement of that site (nor
of any product, service or other material offered on that site) by
Midnight Munchies or its licensors.
Although we make this website freely accessible, we don't intend to
give up our rights, or anyone else's rights, to the materials
appearing on the website. The materials available through this website
are the property of Midnight Munchies or its licensors, and are
protected by copyright, trademark and other intellectual property
laws. Except for the limited licenses expressly granted to you in
this Visitor Agreement, Midnight Munchies and its licensors expressly
reserve all other rights and licenses. You are free to display and
print for your personal, non-commercial use information you receive
through this website, but you may not otherwise reproduce or modify
any of the materials without the prior written consent of their owner.
You may not distribute copies of materials found on this website in
any form (including by e-mail or other electronic means), without
prior written permission from their owner. Of course, you are free to
encourage others to access the information themselves on this website
and to tell them how to find it. Requests for permission to reproduce
or distribute materials found on this website should be sent to:
Midnight Munchies
825 Broadfield Dr
Newark, DE, 19713
Attention: originalmidnightmunchies.com Feedback
We welcome links to the homepage of our website. You are free to
establish a hypertext link to the homepage of this site so long as the
link does not state or imply any affiliation, connection, sponsorship,
or approval of your site by Midnight Munchies. We do not permit
framing or inline linking to our website or any portion of it.
Trademarks
We don't want anyone to be confused as to which materials and services
are provided by Midnight Munchies and which aren't. You may not use
any trademark or service mark appearing on this website without the
prior written consent of the owner of the mark. MIDNIGHT MUNCHIES and
the MIDNIGHT MUNCHIES and design logo are registered trademarks and/or
service marks of Midnight Munchies Corporation or its subsidiaries.
Other trademarks appearing on this website or other sites linked to
from this website are the property of Midnight Munchies or their
respective owners.
Ordering Products and Services
You may order certain Midnight Munchies products and services through
this website. All orders you make through this website are subject to
the availability, terms, and other conditions that apply to the
particular products and services at the time you place your order.
All products and services, their contents, availability, and pricing
are subject to change at any time with or without notice. Please
fully read the terms and disclaimers accompanying any products or
services that you order through this website.
Submissions and Postings; Disclosure
You are solely responsible for any information that you submit or post
on this website. By using this website you agree not to submit, post
or transmit any defamatory, abusive, obscene, threatening or illegal
material, or any other material that infringes on the ability of
others to enjoy this website or that infringes on the rights of
others. We retain the right to deny access to anyone who we believe
has violated these terms or any other term of this Visitor Agreement.
We reserve the right (but assume no obligation) to monitor, delete,
move, or edit any submissions or postings that come to our attention
that we consider unacceptable or inappropriate, whether for legal or
other reasons. We will comply with all requirements of the law
regarding disclosure of any submissions or postings on this website to
others, including to law enforcement agencies and parties making civil
legal requests. We will also comply with any other requirements of the
law regarding disclosure of other aspects of your use of this website.
Midnight Munchies welcomes your feedback about this website and our
products and services. We ask that you limit your feedback to these
items. Nevertheless, any communications you send to this website or
otherwise to Midnight Munchies are deemed to be submitted on a
non-confidential basis and become the sole property of Midnight
Munchies. Midnight Munchies may, in its sole discretion, reproduce,
use, publish, modify, disclose, distribute, or otherwise use these
communications in any way and for any purpose. All such uses by
Midnight Munchies shall be without liability or obligation of any kind
to you. These uses may include, for example, use of the content of
any such communications, including any works, marks or names, ideas,
inventions, concepts, techniques or know-how disclosed therein, for
any purpose without any obligation to compensate the originator of
such communications and without liability to that person.
Termination
Midnight Munchies reserves the right at any time to terminate your use
of this website if you fail to comply in full with any term of this
Visitor Agreement, or any other terms, agreements, or policies that
apply to this website and the use of it.
Indemnification
You agree to indemnify, defend, and hold harmless Midnight Munchies
(including its parents, subsidiaries, and affiliates and all of their
respective officers, directors, employees, agents, licensors,
suppliers and any third-party information providers) against all
claims, losses, expenses, damages and costs (including reasonable
attorney fees) resulting from any breach of this Visitor Agreement or
unauthorized use of this website. Your indemnification obligation
shall survive the termination of this Visitor Agreement. At our
expense and election, we reserve the right to assume the exclusive
defense and control of any matter subject to indemnification by you
and you agree to cooperate with Midnight Munchies in connection with
our defense.
Disclaimer of Warranties and Liability
YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE
OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE
WEBSITE, AND THE UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY
BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS
WITH SUCH INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL
AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU
UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR
DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
THIS WEBSITE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS
AVAILABLE." MIDNIGHT MUNCHIES AND ITS AGENTS AND LICENSORS CANNOT AND
DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS,
NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE, NOR DO THEY
GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY
AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL MIDNIGHT MUNCHIES (INCLUDING ITS
PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR
MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR
CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN
IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS
OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO,
CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
THE LIABILITY OF MIDNIGHT MUNCHIES AND ITS AGENTS AND LICENSORS IS
LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE
THAT THE LIABILITY OF MIDNIGHT MUNCHIES (INCLUDING ITS PARENTS,
SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY,
ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE
WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO MIDNIGHT MUNCHIES FOR
THE USE OF THE WEBSITE.
Miscellaneous
To obtain access to certain services on our website, you may be
required to register. As part of any such registration process, you
will select a user name and a password. You agree that the information
you supply during that registration process will be accurate and
complete and that you will not register under the name of, nor attempt
to enter the service under the name of, another person. Midnight
Munchies reserves the right to reject or terminate any user name that,
in its judgment, it deems offensive. You will be responsible for
preserving the confidentiality of your password and will notify us of
any known or suspected unauthorized use of your account.
At certain places on this website there may be additional or other
terms and policies that apply to your use of this website and the
services on it. By using the website or those services, you agree to
abide by those terms and policies. We may change those terms and
policies from time to time. By continuing to use the website after we
post any changes, you accept and agree to those terms and policies, as
modified.
This Visitor Agreement has been made in and shall be construed in
accordance with the laws of the Commonwealth of Delaware. By using
this website, you consent to the exclusive jurisdiction of the state
and federal courts in Wilmington, Delaware, in all disputes arising
out of or relating to this Visitor Agreement or this website. In the
event that any portion of this Visitor Agreement is held to be
unenforceable, the unenforceable portion shall be construed in
accordance with applicable law as nearly as possible to reflect the
original intentions of the parties and the remainder of the provisions
shall remain in full force and effect.
By using this website, you agree to abide by the terms of this Visitor
Agreement. We hope you enjoy using this website, and we welcome
suggestions for improvements.
Effective: May 16, 2009