TERMS OF USE
ACCEPTANCE OF TERMS.
The services that Fisherman’s Market & Grill provides to you are subject
to the following Terms of Use ("TOU"). Fisherman’s Market & Grill reserves
the right to update the TOU at any time without notice to you. The most
current version of the TOU can be reviewed by clicking on the "Terms of
Use" hypertext link located at the bottom of our Web pages.
DESCRIPTION OF PRODUCTS
& SERVICES.
Through its website and restaurants, Fisherman’s Market & Grill provides
you information, restaurant specials, menu items, food & material
products, product information, or anything related to a restaurant
establishment (collectively "Services"). The Services, including any
information updates, catering programs, enhancements, new products, and/or
the addition of any new Web information, are subject to the TOU.
PERSONAL AND
NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and
non-commercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, products or services obtained
from the Services.
PRIVACY AND PROTECTION
OF PERSONAL INFORMATION.
See the
Privacy Statement disclosures relating to the
collection and use of your information.
NO UNLAWFUL OR
PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services
for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Services in any manner that could damage,
disable, overburden, or impair any Fisherman’s Market & Grill server, or
the network(s) connected to any Fisherman’s Market & Grill server, or
interfere with any other party's use and enjoyment of any Services. You
may not attempt to gain unauthorized access to any Services, other
accounts, computer systems or networks connected to any Fisherman’s Market
& Grill server or to any of the Services, through hacking, password mining
or any other means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available through
the Services.
MATERIALS PROVIDED TO
FISHERMAN’S MARKET & GRILL OR POSTED AT ANY FISHERMAN’S MARKET & GRILL
WEBSITE.
Fisherman’s Market & Grill does not claim ownership of the materials you
provide to Fisherman’s Market & Grill (including feedback and suggestions)
or post, upload, input or submit to any Services or its associated
services for review by the general public, or by the members of any public
or private community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting ("Posting") your Submission you are granting Fisherman’s Market
& Grill, its affiliated companies and necessary sublicensees permission to
use your Submission in connection with the operation of their Internet
businesses (including, without limitation, all Fisherman’s Market & Grill
Services), including, without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; to publish your name in connection
with your Submission; and the right to sublicense such rights to any
supplier of the Services.
No compensation will be
paid with respect to the use of your Submission, as provided herein.
Fisherman’s Market & Grill is under no obligation to post or use any
Submission you may provide and Fisherman’s Market & Grill may remove any
Submission at any time in its sole discretion.
By Posting a Submission
you warrant and represent that you own or otherwise control all of the
rights to your Submission as described in these Terms of Use including,
without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
In addition to the
warranty and representation set forth above, by Posting a Submission that
contain images, photographs, pictures or that are otherwise graphical in
whole or in part ("Images"), you warrant and represent that (a) you are
the copyright owner of such Images, or that the copyright owner of such
Images has granted you permission to use such Images or any content and/or
images contained in such Images consistent with the manner and purpose of
your use and as otherwise permitted by these Terms of Use and the
Services, (b) you have the rights necessary to grant the licenses and
sublicenses described in these Terms of Use, and (c) that each person
depicted in such Images, if any, has provided consent to the use of the
Images as set forth in these Terms of Use, including, by way of example,
and not as a limitation, the distribution, public display and reproduction
of such Images. By Posting Images, you are granting (a) to all members of
your private community (for each such Images available to members of such
private community), and/or (b) to the general public (for each such Images
available anywhere on the Services, other than a private community),
permission to use your Images in connection with the use, as permitted by
these Terms of Use, of any of the Services, (including, by way of example,
and not as a limitation, making prints and gift items which include such
Images), and including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Images
without having your name attached to such Images, and the right to
sublicense such rights to any supplier of the Services. The licenses
granted in the preceding sentences for a Images will terminate at the time
you completely remove such Images from the Services, provided that, such
termination shall not affect any licenses granted in connection with such
Images prior to the time you completely remove such Images. No
compensation will be paid with respect to the use of your Images.
NOTICES AND PROCEDURE
FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL NOT RECEIVE A RESPONSE.
LINKS TO THIRD PARTY
SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE FISHERMAN’S MARKET & GRILL’S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF FISHERMAN’S MARKET &
GRILL AND FISHERMAN’S MARKET & GRILL IS NOT RESPONSIBLE FOR THE CONTENTS
OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES
OR UPDATES TO SUCH SITES. FISHERMAN’S MARKET & GRILL IS NOT RESPONSIBLE
FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED
SITE. FISHERMAN’S MARKET & GRILL IS PROVIDING THESE LINKS TO YOU ONLY AS A
CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY
FISHERMAN’S MARKET & GRILL OF THE SITE.
UNSOLICITED IDEA
SUBMISSION POLICY.
FISHERMAN’S MARKET & GRILL OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR
CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS,
NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS,
MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL
CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS
POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN
FISHERMAN’S MARKET & GRILL 'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO US. SO, PLEASE DO NOT SEND YOUR UNSOLICITED
IDEAS TO FISHERMAN’S MARKET & GRILL OR ANYONE AT FISHERMAN’S MARKET &
GRILL. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND
MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT FISHERMAN’S MARKET
& GRILL MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED
AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE.
Copyright © 2003 Fisherman’s Market & Grill
Management, Inc.,
235 South Indian
Canyon, Palm Spring, California 92262
All rights reserved.
TRADEMARKS.
FISHERMAN’S MARKET & GRILL, BRANDO MARLIN, SHANGHAI RED'S,
and/or other Fisherman’s Market & Grill products referenced herein are
either registered trademarks or trademarks of Fisherman’s Market & Grill
Management, Inc. in the U.S. and/or other countries.
Any rights not
expressly granted herein are reserved.
Send your questions to
the appropriate contact as listed below:
Last Updated:
Tuesday, September 7, 2004 - 11:58AM PDT
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