TERMS OF USE
These Terms of Use (the “Terms”) govern your access to and use of websites, applications, and services (the “Services”) that are provided by Tandoor Indian Cuisine (“Company” or “us” or “we”) and linked to these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES.
These Terms govern use of the Services.
USE OF SERVICES.
These Terms, which incorporate our Privacy Policy, constitute a legally binding agreement between Company and you. By using the Services, you agree to be bound by and comply with these Terms. You may only use the Services in compliance with these Terms. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are at least 13 years old.
SERVICES OWNERSHIP
The Services and all associated content (including any derivatives of or enhancements to the same), and all intellectual property rights to the same (including trademarks, service marks, trade names, trade dress), that appear in connection with the Services, are owned by or licensed to Company.
LICENSE
Company grants you a revocable right to use the Services solely in accordance with these Terms. The Services are being licensed, not sold, to you by Company only for use under the Terms. You do not acquire any right, title or interest in or to the Services or any associated content other than the limited license granted to you by these Terms. Any rights not expressly granted to you in these Terms are expressly reserved.
PRICING AND AVAILABILITY
Prices and availability of products are subject to change without notice. Pricing is not guaranteed until you complete the process of purchasing any particular product. The inclusion of any products on the Services does not imply or warrant that these products will be available.
PRIVACY POLICY
Any information you provide to us is subject to our Privacy Policy, which is incorporated into these Terms and governs our collection and use of your information. By using the Services you consent to the collection and use of this information as provided by our Privacy Policy.
ACCOUNT INFORMATION
You agree to provide true, accurate and complete registration information, and you will promptly provide an update if any of this information changes. You are solely responsible for safeguarding and maintaining the confidentiality of your login ID and password. You may not resell, assign, distribute, transfer or otherwise provide your subscription, your login ID and/or password to any third party. You are responsible for any activity conducted under your account. You must immediately notify Company of any unauthorized use of your account.
PROHIBITED CONDUCT
You will not use the Services for any type of inappropriate use. Company has the right to determine whether any particular use constitutes inappropriate use of the Services. The following are examples (although not a complete list) of inappropriate uses that are prohibited:
Transmitting or otherwise providing any harmful or objectionable content using the Services, including content that (i) violates or infringes in any way upon the rights of others, such as any copyright, trademark, patent, trade secret, moral right, or other proprietary right of any person or entity, (ii) impersonates another or is fraudulent, unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, abusive, or otherwise reasonably objectionable, or (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Uploading spyware or any other malicious software to the Services.
Using the Services in a manner harmful to Company or any third party.
Using the Services in any way that violates any applicable laws, rules, or regulations.
Taking any action that imposes an unreasonable or disproportionately large load on the Services infrastructure or that otherwise adversely affects performance of the Services.
Using the Services for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping scripts, intelligent search or any similar means of access to the Services or any other materials or information available from the Services.
Engaging in any other action that, in the judgment of Company, exposes it or any third party to potential liability or detriment of any type.
COPYRIGHT
If you believe that your copyright in any material has been infringed by material available on the Service, please provide us with all of the following information in the form prescribed by Section 512 of Title 17, United States Code:
a description of the copyrighted work you claim has been infringed,
a description of the material that you claim is infringing, identified with sufficient detail for us to identify it,
your address, telephone number and email address,
a statement by you that you have a good faith belief that the disputed use is not authorized,
a physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest, and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyrighted work that is claimed to be infringed.
You understand and agree that Company assumes no liability or responsibility for any third party content or material of any kind that is submitted to or posted on the Services by you or by any other users or third parties.
We will promptly address any alleged infringement. Please direct all such notifications to the contact information below and identify the communication as being related to “Copyright Infringement”:
3674 airport Blvd, Mobile, AL 36608.
USER CONTENT.
We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Services (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. You will not submit any User Content that is illegal, offensive, or inappropriate.
By submitting User Content to us, simultaneously with such posting, you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (i) in connection with our business; and (ii) in connection with the businesses of our successors, parents, subsidiaries, affiliates and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content.
THIRD-PARTY WEBSITES
Links to third-party websites are provided for your convenience and reference only. We have no control of these sites, and we are not responsible for their content. We do not endorse, and are not responsible in any way for, any content on these sites and we expressly disclaim any endorsement or responsibility for such content. When you travel from the Services to another website, whether through links provided on the Service or otherwise, you will be subject to the privacy policies (or lack thereof) of these sites. We caution you to use good judgment and to assess the privacy policy of these sites before you provide any personal information.
NO REPRESENTATIONS AND WARRANTIES
You agree that your use of the services shall be at your own risk. The services are provided on an “as is” and “as available” basis, for use by you at your own risk without express or implied warranties of any kind. Without limiting the foregoing and to the fullest extent permitted by law, company and its officers, members, managers, affiliates, successors, assigns, agents and representatives (collectively, the “company parties”) disclaim any and all warranties (1) that the services will meet your requirements or achieve certain results; (2) concerning the availability, accuracy, security, usefulness, timeliness, or completeness of the services or information available through the services; (3) of title, non-infringement, merchantability or satisfactory quality or fitness for a particular purpose for the services.
WAIVER
To the fullest extent permitted by law, in no event will company or the company parties be liable for any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not company or the company parties have been advised of the possibility of such damages, and even if a remedy fails of its essential purpose, arising out of, relating to, or in any way connected with the services. Your sole remedy for dissatisfaction with the services is to stop using the services.
INDEMNIFICATION
You agree to indemnify and hold harmless Company and the Company Parties from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) brought by third-parties arising out of, related to, or that may arise in connection with any actual or alleged violation or breach of any of the representations, warranties, agreements or promises made by you in these Terms or based on your use of the Services.
MODIFICATION
Company may modify these Terms. You should review the Terms regularly. Company will post notice of modifications to these Terms on the Services. If you do not agree to the modified terms for the Services, you should discontinue your use of the Services.
ARBITRATION
You and Company each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents or information and the proposed resolution. You agree to contact us with disputes by contacting us. We will contact you based on the contact information you have provided us.
If you and Company cannot resolve any dispute after 30 days, the party seeking to pursue a claim will submit the claim to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
CLASS ACTION WAIVER
To the fullest extent allowed by law, you and company each waive any right to pursue a dispute on a classwide basis, including by joining a claim with the claim of any other person or entity or to assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or proceeding.
JURY TRIAL WAIVER
To the extent allowed by law, you and company each waive any right to trial by jury in any lawsuit, arbitration or other proceeding.
GOVERNING LAW; VENUE
These Terms and the use of the Services will be governed by Ohio law without regard for its conflict of laws principles. For any claims not subject to the arbitration provisions of these Terms, all claims arising out of relating to these Terms or the Services, except as set forth in this Terms, must be litigated in the state or federal courts located in Cleveland, Ohio and you and Company consent to the personal jurisdiction of such courts.
NO THIRD-PARTY BENEFICIARIES
No Third-Party Beneficiaries
FORCE MAJEURE
Company will not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances, such as acts of nature, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor, or materials.
COMPLETE AGREEMENT
These Terms constitute the entire and exclusive agreement between you and Company with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. The headers for these Terms are for convenience only and will not affect the interpretation of these Terms. If a provision of these Terms is found unenforceable the remaining provisions will remain in full force and effect, and an enforceable term will be substituted reflecting our intent as closely as possible.
ASSIGNMENT
Company may assign any of its rights under these Terms to an affiliate or to any successor in interest to the business of Company. You may not assign your rights under these Terms and any such purported assignment is void.
WAIVER OF TERMS
The failure of Company to enforce these Terms for any period of time does not constitute a waiver of its right to enforce these Terms.
