Restrictions on Use
Material from www.hooters.com, the HootClub application, and any other World Wide Web site owned, operated, licensed, or controlled by Hooters of America Corporation or any of its related, affiliated, or subsidiary companies (together, “Hooters”) may not be copied or distributed, or republished, posted, uploaded, or transmitted in any way, without the prior written consent of Hooters, except that you may download one (1) copy of the material on one computer for your personal, non-commercial home use only. Modification or use of the materials for any other purpose violates Hooters’ intellectual property rights. The material in this site and our application is provided for lawful purposes only.
If you do download images or other material from our site or application, all files, images, and accompanying data are deemed to be licensed to you by Hooters, which retains full and complete title to such images and material. All of the Material available on this site or the HootClub mobile application is proprietary and the subject of copyright, author’s rights or other rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. You agree not to create any kind of derivative works from, or exploit this material in any way.
You agree that the unauthorized use of this material could cause irreparable harm to Hooters and that in the event of an unauthorized use, Hooters shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity.
RESTRICTION OF HOOTERS’ LIABILITY
HOOTERS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THIS SITE OR THE HOOTCLUB APPLICATION, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. HOOTERS 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 MATERIALS IN THIS SITE OR APPLICATION, EVEN IF THERE IS NEGLIGENCE OR HOOTERS OR AN AUTHORIZED HOOTERS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
The above limitations or exclusions 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. Hooters’ 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 this site or the application.
MATERIAL YOU ELECT TO PROVIDE TO THIS SITE
All remarks, comments, graphics, photos, or other information communicated to Hooters through this site or the HootClub application will forever be the property of Hooters. Hooters will not be required to treat your submission as confidential, and will be entitled to use your submission for any commercial or other purposes whatsoever without compensation to you or any other person involved with your submission. Further, Hooters will have exclusive ownership of all present and future existing rights to your submission of every kind and nature everywhere.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Hooters will fully cooperate with any law enforcement authorities or court order requesting or directing Hooters to disclose the identity of anyone posting any such information or materials.
Although Hooters may from time to time monitor or review postings, transmissions, and the like on the site or mobile application, Hooters is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site where you may have posted or transmitted material.
You agree that Hooters is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the site or application for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. By using the site and mobile application and transmitting an unsolicited submission to Hooters you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against Hooters relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality.
YOUR REGISTRATION AND/OR PASSWORD
Some features that may be available on this site or our mobile application require registration. By registering at and in consideration of your use of this site and/or application, you agree to provide true, accurate, current and complete information about yourself. Some features require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. Hooters may assume that any communications Hooters receives under your password have been made by you unless Hooters receives notice otherwise.
Your use of and browsing in the site and mobile application are at your risk. Neither Hooters nor any other party involved in creating, producing, or delivering the site or application is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site or application. Without limiting the foregoing, EVERYTHING ON THE SITE OR APPLICATION IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Hooters also assumes no responsibility, and shall not be liable for, any damages to, or viruses or other contaminating or destructive properties that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or mobile application or your downloading of any materials, data, text, images, video, or audio from the site or mobile application.
The material in this site could include technical inaccuracies or typographical errors. Hooters may make changes or improvements at any time.
Further, you may link to external websites (i.e., YouTube, Facebook) from this site or the application, and Hooters makes no warranties and assumes no responsibilities as to those websites. Linking to any such external sites from a Hooters site or application is at your own risk.
TRADEMARKS AND COPYRIGHTS
You or third parties acting on your behalf are not allowed to frame the Sites or use our proprietary marks as meta tags, without our express written consent.
Further, you do not have permission to infringe or otherwise use Hooters’ trademarks. The following trademarks used in the website and mobile application are registered and owned by Hooters: Hooters; The Soon To Be Relatively Famous; Delightfully Tacky, Yet Unrefined; The Cure for the Common Restaurant; Hooters Gear; Wingsday; Hooters Snow Angels; 3 Mile Island; Two Tickets To Paradise; World Wing Eating Championship; Daytona Beach; Hooters for Heroes.
If you believe that any material contained in Hooters’ site or mobile application infringes your copyright, you should notify Hooters of your copyright infringement claim in accordance with the following procedure.
Hooters will process notices of alleged infringement which it received and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent, who is:
The Legal Department, Hooters of America
Attn: Claudia Levitas
1815 The Exchange SE
Atlanta, GA 30339
To be effective, the notification must be in writing and contain the following information: (1) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
JURISDICTION AND APPLICABLE LAW
Hooters controls and operates this site from its headquarters in Atlanta, Georgia, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. We recognize that it is possible for you to obtain access to our website from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material we provide, or your use of this site, is contrary to the laws of the place from which you access the site, then this site is not intended for your use.
If you use this site from locations outside of the United States you are responsible for compliance with applicable your local laws. Further, if you use or download materials from our site or application, you represent and warrant that you are not located in, or under the control of, any country to which the U.S. has placed an embargo forbidding such access or use.
Hooters or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from the Hooters sites and mobile application, and (b) all related documentation and all copies and installations. Hooters may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon such termination, you must destroy all materials obtained from any Hooters site or application.
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between the parties relating to the use of this site.
If you have any questions regarding this Agreement, you may contact us using the information below.
Attn: Legal Department
1815 The Exchange
Atlanta, GA 30339
When contacting us, so that we can respond, please include your full name and the contact information for your preferred mode of contact (mail, email, or phone), and please describe the specific nature of your request.