Tavistock Restaurant Collection

TERMS AND CONDITIONS 

These Terms and Conditions (“Terms”) apply to the use of tavistockrestaurantcollection.com and any other World Wide Web site (the “Sites”) owned, operated, licensed, or controlled by Tavistock Restaurant Collection (“TRC”, “we”, “us,” or “our”) or any services, programs, applications or offerings on the Sites (the “Services”). It forms a binding agreement between you and TRC. 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY 

By visiting or using the Sites, you agree to these Terms. If you do not agree, you should not use the Sites or the Services. 

CHANGES 

 We reserve the right to modify these Terms or the Sites or Services at any time at our sole discretion. By continuing to use the Sites or Services after such changes are made, you agree to such changes in the Terms or Sites and Services. 

ADDITIONAL TERMS 

Certain Services, such as mobile applications, loyalty programs, and gift cards, on the Sites, may be subject to additional terms and conditions (“Additional Terms”). You agree to such Additional Terms if you use such Services. In the event of any conflict between the Additional Terms and these Terms, the Additional Terms will control. 

RESTRICTIONS ON USE 

Material on the Sites and Services may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of TRC. Modification or use of the materials for any other purpose violates TRC’s intellectual property rights. 

 The material in the Sites is provided for lawful purposes only. If you download software from our Sites, the software, including all files or images contained in or generated by the software and accompanying data are deemed to be licensed to you by TRC on a non-exclusive basis subject to any applicable Terms. Neither title nor intellectual property rights are transferred to you but remain with TRC, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the software. 

SUBMISSION OF IDEAS / USER GENERATED CONTENT 

TRC values customer feedback. However, TRC will not accept or consider unsolicited ideas, suggestions, or materials, so we must ask you not to send us your ideas for our business. We hope that you understand that it is the intent of this policy to avoid the possibility of future misunderstandings when products or other TRC promotions or initiatives developed by TRC’s professional staff might seem to others similar to their own creative work. 

However should you nonetheless submit, upload, post, transmit or otherwise provide any content to us, including but not limited to any ideas, suggestions, materials, photos, or videos (collectively “Submission”), you represent and warrant that with respect to any Submission: 

• You are the sole author and owner of the intellectual property rights thereto; 

• All “moral rights” that you may have in such content have been voluntarily waived by you; 

• All content is accurate; 

• You are at least 13 years old; 

• Our use of any Submission does not violate these Terms and will not cause injury or damages to any person or entity; and 

• You have obtained any and all necessary permission, consent, and/or release from all persons appearing in your Submission to submit such person’s likeness in accordance with these terms. 

You further agree and warrant that you shall not provide us with any Submission that: 

• Is known by you to be false, inaccurate or misleading; 

• Infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; 

• Violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); 

• Is, or may reasonably be considered to be, abusive, obscene, profane, indecent, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; 

• You were compensated or granted any consideration for by any third party; 

• Includes any information that references other websites, addresses, email addresses, passwords, contact information or phone numbers; OR 

• Contains any computer viruses, spyware, worms or other potentially damaging computer programs or files. 

TRC reserves the right, but has no obligation, to take any legally available action deemed appropriate, in its sole and absolute discretion, including, without limitation, editing, removing, deleting, taking down or otherwise erasing any Submission or other user generated content at any time without notice for any reason whatsoever. However, TRC shall not be obligated to take any action not required by law. TRC shall not be responsible or liable for the conduct or content of any user or user’s Submission. TRC further reserves the right, but shall have no obligation, to monitor or become involved in disputes between you and other users. TRC reserves the right in its sole and absolute discretion, to remove without notice, or refuse to post in the first instance, any Submission. For any Submission that you submit, you expressly grant to TRC a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You further agree that TRC shall have the unrestricted right to use any Submissions, or materials or ideas similar to them, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. You further release and waive any and all claims known or unknown against TRC with respect to any intellectual property or other proprietary rights, rights of publicity and privacy, rights of attribution, or any other liability under the applicable governing laws of Florida or the United States. 

Any Submission that you submit to TRC may or may not be published or used by TRC, in its sole and absolute discretion. TRC reserves the right to edit, condense or delete any Submission that is ultimately posted on TRC’s website if TRC deems, in its sole and absolute discretion. TRC does not guarantee that you will have any recourse through TRC to edit or delete any Submission. TRC may also need to provide disclosures with respect to any Submission. TRC reserves the right to remove or to refuse to post any Submission for any reason. You acknowledge that you, not TRC, are responsible for the contents of your Submission. No Submission that you submit shall be subject to any obligation of confidence on the part of TRC, its agents, subsidiaries, affiliates, related entities, partners or third party service providers and their respective directors, officers and employees. 

TRC MAKE NO EXPRESS OR IMPLIED WARRANTIES ABOUT THE PHOTO OR VIDEO SUBMISSION PROCESS, OR ANY RELATED WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PHOTO AND VIDEO SUBMISSION PROCESS IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND TRC DOES NOT WARRANT THAT THEY WILL BE FREE OF DEFECTS. 

LIMITATION OF LIABILITY 

TRC will not be liable for any damages or injury caused by the Sites or any Services offered through the Sites, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. TRC will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the Sites or any Services offered through the Sites, even if there is negligence on the part of TRC or an authorized company representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. TRC’s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access the Sites or Services. 

MOBILE MESSAGING TERMS 

If you enroll in our text messaging (SMS) program, you will be asked to consent expressly to receive recurring marketing messages, including such messages sent through an automatic telephone dialing system, where such messages may be sent by us or our vendors to the mobile number you provided at opt-in. Such consent is not a condition of making any purchase. The frequency of such text messages will vary. 

 You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive from us. 

Message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. 

You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us immediately. Neither we, our vendors, nor any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. 

 We may suspend or terminate this program or the sending of automated marketing messages at any time in our sole discretion. 

 USE IN THE UNITED STATES 

The Sites and Services are intended only for use in the United States. TRC controls and operates the Sites and Services from its headquarters in Orlando, Florida and makes no representation that the Sites or Services are appropriate or available for use outside the United States. If you use the Sites or Services outside of the United States, you are responsible for compliance with applicable local laws. Some software from the Sites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department’s Specially Designated Nationals list; or (c) the US Commerce Department’s Table of Denial Orders. If you download or use the Sites you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list. 

YOUR USE OF THE SITES AND SERVICES 

You may use the Sites and Services only for lawful purposes and in accordance with these Terms. No other use is permitted. Without limiting the foregoing, you may not use the Sites and Services: (a) for any purpose that is unlawful or prohibited by these Terms; (b) to cause harm or damage to any person or entity; (c) to interfere with the proper operation of the Sites and Services; (d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party (as determined by TRC in its sole discretion); (e) to transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (f) to modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Sites or Services; (g) to “frame” or “mirror” any portion of the Sites or Services; (h) to use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Sites or Services or scrape any content, material, or data on the Sites or Services; (i) to harvest or collect information about or from other users of the Sites or Services; or (j) to probe, scan, or test the vulnerability of the Site, App, or Services, nor breach the security or authentication measures on the Site, App, or Services, or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, App, or Services, such as a denial of service attack; 

 INDEMNIFICATION 

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TRC AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS, DEMANDS, LIABILITIES, AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SITES OR SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS. 

CHOICE OF LAW AND DISPUTE RESOLUTION 

We are available by email at le***@ta******************.com to address any concerns you may have regarding your use of the Sites or any Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good-faith negotiations, which shall be a precondition to either party initiating a lawsuit. 

  In the event the parties are unable to resolve the dispute, they agree that the exclusive jurisdiction for any dispute arising out of these Terms, the Sites, or the Services shall be a court of competent jurisdiction located in Orange County Florida. You consent to the personal jurisdiction of such courts and waive any objection to such jurisdiction based on inconvenient forum. You consent that these Terms shall be governed by the laws of Florida excluding its conflict of law provisions. 

DISCLAIMER 

The Sites and Services, and any materials offered thereon, could include technical inaccuracies or typographical errors. TRC may make changes or improvements at any time. THE SITES, SERVICES, AND ANY MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. TRC DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRCS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES, SERVICES, OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, SERVICES, OR THE SERVERS THAT MAKE THEM  AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITES, SERVICES, OR MATERIALS ON  THE SITES OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 

 

YOU (AND NOT TRC) ASSUME THE ENTIRE RISK OF USING THE SITES, SERVICES, AND MATERIALS, AND THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. 

 

 

THIRD-PARTY LINKS AND MATERIALS 

This Sites  and Services may contain links to third-party websites, sites, or downloadable materials (“Third-Party Services”). TRC is not responsible for, and has no control over, the content of such Third-Party Services and TRC cannot and does not guarantee or warrant that files or software of any kind, or from any Third-Party Services, will be free of infection or viruses, worms, Trojan Horses, or other code or defects that manifest contaminating or destructive properties. You use the Third-Party Services at your sole risk. 

 

PRIVACY 

We may collect certain personal information from you if you use our Sites or Services. Such personal information will be subject to our privacy policy. 

 

TERMINATION 

TRC may terminate the Terms or your access or use of the Sites and Services at any time. TRC may terminate the Terms and your  access and use of the Sites and Services immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials and related documentation.   The sections entitled Choice of Law and Dispute Resolution, Indemnification, Limitation of Liability, Disclaimer and Miscellaneous and any restrictions relating to use of TRC intellectual property and any claims that arise prior to termination shall survive termination. 

 

MISCELLANEOUS 

If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms. Possible evidence of use of the Sites for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Sites. TRC can revise these Terms and Conditions at any time by updating this posting. The Sites may be linked to other sites that are not maintained by TRC. TRC is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by TRC of the sites.