1, 3131 27 Street Northeast, Calgary, AB T1Y 0B3

Terms of Use

ACCEPTANCE OF TERMS OF USE

These Terms of Use govern your use of the Clay Oven Restaurant Ltd. Web site. By using, visiting, or browsing the Clay Oven Restaurant Ltd. Web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Clay Oven Restaurant Ltd. Web site. These Terms of Use are an ongoing contract between you and Clay Oven Restaurant Ltd. and apply to your use of the Clay Oven Restaurant Ltd. Web site. These Terms of Use affect your rights and you should read them carefully.

CHANGES TO TERMS OF USE

Clay Oven Restaurant Ltd. reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” located at the bottom of the pages of the Clay Oven Restaurant Website. The most current version of the Terms of Use will supersede all previous versions. Your use of the Clay Oven Restaurant Web site after changes are made means that you agree to be bound by such changes.

PRIVACY AND PERSONAL INFORMATION

Clay Oven Restaurant is committed to protecting the privacy of the personal information you provide us on our Web site. Any information submitted on the Clay Oven Restaurant Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

YOUR ACCOUNT

If you use the Clay Oven Restaurant Web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Clay Oven Restaurant Web site sells products to adults, who can purchase with a credit card. If you are under 18, you may use the Clay Oven Restaurant Website only with involvement of a parent or guardian. Clay Oven Restaurant Ltd. reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

YOUR ACCEPTANCE

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the clayovencalgary.com domain name, the ” Clay Oven Restaurant Website” or the “Website”) operated by Clay Oven Restaurant Ltd., YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Service”) AND THE TERMS AND CONDITIONS OF CLAY OVEN RESTAURANT PRIVACY NOTICE, WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Clay Oven Restaurant Website.

CLAY OVEN RESTAURANT WEBSITE

These Terms of Service apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by Clay Oven Restaurant. Clay Oven Restaurant has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Clay Oven Restaurant will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Clay Oven Restaurant from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

WEBSITE ACCESS

A. Clay Oven Restaurant hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, non-commercial use; (ii) you will not copy or distribute any part of the Website in any medium without Clay Oven Restaurant prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Clay Oven Restaurant immediately of any breach of security or unauthorized use of your account. Although Clay Oven Restaurant will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Clay Oven Restaurant or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Clay Oven Restaurant servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Clay Oven Restaurant grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Clay Oven Restaurant reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

INTELLECTUAL PROPERTY RIGHTS

The content on the Clay Oven Restaurant Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Clay Oven Restaurant, subject to copyright and other intellectual property rights under Canada and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Clay Oven Restaurant Ltd. reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

USER SUBMISSIONS

A. The Clay Oven Restaurant Website may now or in the future permit the submission of photos, audio files, videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Clay Oven Restaurant does not guarantee any confidentiality with respect to any submissions. You agree that Clay Oven Restaurant may publish your name and User Submission on the Clay Oven Restaurant website or in other press releases or media items.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Clay Oven Restaurant to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Submissions become the property of Clay Oven Restaurant Ltd. may use such submissions in any manner in the sole discretion of Clay Oven Restaurant. For clarity, you retain all of your ownership rights in your other User Submissions. However, by submitting the User Submissions to Clay Oven Restaurant, you hereby grant Clay Oven Restaurant a perpetual worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and the Clay Oven Restaurant business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.

C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Clay Oven Restaurant all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Clay Oven Restaurant Ltd. or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Clay Oven Restaurant does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Clay Oven Restaurant expressly disclaims any and all liability in connection with User Submissions. Clay Oven Restaurant does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Clay Oven Restaurant will block and remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Clay Oven Restaurant reserves the right to remove Content and User Submissions without prior notice. Clay Oven Restaurant will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the Website. also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Clay Oven Restaurant may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. In addition, you agree that you will not email any of your User Submissions or links to your User Submissions to individuals with whom you are not acquainted. Feedback, comments, requests for technical support, and other communications should be directed to Clay Oven Restaurant customer service.

E. You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that Clay Oven Restaurant is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Clay Oven Restaurant with respect thereto, and agree to indemnify and hold Clay Oven Restaurant, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE CLAY OVEN RESTAURANT WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CLAY OVEN RESTAURANT, ITS DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CLAY OVEN RESTAURANT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CLAY OVEN RESTAURANT WEBSITE. CLAY OVEN RESTAURANT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CLAY OVEN RESTAURANT WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CLAY OVEN RESTAURANT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL CLAY OVEN RESTAURANT LTD, ITS DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CLAY OVEN RESTAURANT WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT CLAY OVEN RESTAURANT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Clay Oven Restaurant from its facilities in Canada. Clay Oven Restaurant makes no representations that the Clay Oven Restaurant Website is appropriate or available for use in other locations. Those who access or use the Clay Oven Restaurant Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

INDEMNITY

You agree to defend, indemnify and hold harmless Clay Oven Restaurant, its directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Clay Oven Restaurant Website – there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.

ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Clay Oven Restaurant without restriction.

CLAY OVEN RESTAURANT LTD INTELLECTUAL PROPERTY

This web site contains many valuable trademarks owned and used by Clay Oven Restaurant Ltd. These trademarks are used to distinguish Clay Oven Restaurant quality products and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the express written permission of Clay Oven Restaurant Ltd.

The text, graphics and html code contained in this web site are the exclusive property of Clay Oven Restaurant. Except where otherwise noted, the text, graphics and html code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior written permission of Clay Oven Restaurant Ltd.

The Clay Oven Restaurant web site may link to sites not maintained by or related to Clay Oven Restaurant. Hypertext links are provided as a service to users and are not sponsored by or affiliated with this web site or Clay Oven Restaurant. Clay Oven Restaurant has not reviewed the sites hyper-linked to or from this web site and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. Clay Oven Restaurant makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this web site. Furthermore, Clay Oven Restaurant does not implicitly endorse third-party sites hyperlinked to this web site.

GENERAL

You agree that: (i) the Clay Oven Restaurant Website shall be deemed solely based in Alberta; and (ii) the Clay Oven Restaurant Website shall be deemed a passive website that does not give rise to personal jurisdiction over Clay Oven Restaurant either specific or general, in jurisdictions other than Alberta. These Terms of Service shall be governed by the internal substantive laws of the Province of Alberta, without respect to its conflict of laws principles. Any claim or dispute between you and Clay Oven Restaurant that arises in whole or in part from the Pizza Rustica Website shall be decided exclusively by a court of competent jurisdiction located in the province of Alberta. These Terms of Service, together with the Clay Oven Restaurant Website Privacy Policy and any other legal notices published by Clay Oven Restaurant on the Website, shall constitute the entire agreement between you and Clay Oven Restaurant concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the failure by Clay Oven Restaurant to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Clay Oven Restaurant reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Clay Oven Restaurant Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND CLAY OVEN RESTAURANT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CLAY OVEN WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.