In this Agreement, “Rubbin BUTTZ BBQ” and “we” mean the Rubbin BUTTZ BBQ company that is providing the Services to you, and with whom you are entering into this Agreement, which depends on the country in which you reside. The terms “User” and “you” mean any user of the Services. This Agreement incorporates Rubbin BUTTZ BBQ’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “Rubbin BUTTZ BBQ Policies”).
By accessing or using the Services or by clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services (including, if applicable, purchasing, giving, using, or redeeming any Rubbin BUTTZ BBQ Gift Card or Merchant Gift Card (as such terms are defined herein)). THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER APPLICABLE TO USERS WHO ARE RESIDENTS OF THE UNITED STATES (INCLUDING ITS POSSESSIONS AND TERRITORIES), CANADA AND MEXICO.
Rubbin BUTTZ BBQ may update or revise this Agreement (including any Rubbin BUTTZ BBQ Policies) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Rubbin BUTTZ BBQ, any use of the Services (e.g., the use of the Reservation Services (as defined herein), Waitlist Services (as defined herein), Payment Services (as defined herein), or the purchase of Rubbin BUTTZ BBQ Gift Card or Merchant Gift Card (each, as defined herein)) is subject to the version of this Agreement in effect at the time of use.
Your Account. You may (but are not required to) create an account with Rubbin BUTTZ BBQ through the Rubbin BUTTZ BBQ Sites (“Account”) in order to use the Reservation Services, Waitlist Services or to purchase, gift, or redeem (as applicable) Rubbin BUTTZ BBQ Gift Cards and Merchant Gift Cards. However, you must have an Account in order to use the Payment Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Rubbin BUTTZ BBQ registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Rubbin BUTTZ BBQ of any unauthorized use of your Account or any other breach of security related to your use of the Services.
Modifications to Services. Rubbin BUTTZ BBQ reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Rubbin BUTTZ BBQ Sites, Restaurants, and/or Merchants. Rubbin BUTTZ BBQ shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Rubbin BUTTZ BBQ Content”) are provided to User by Rubbin BUTTZ BBQ or its partners or licensors solely to support User’s permitted use of the Services. The Rubbin BUTTZ BBQ Content may be modified from time to time by Rubbin BUTTZ BBQ in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Rubbin BUTTZ BBQ Content by User shall constitute a material breach of this Agreement. Rubbin BUTTZ BBQ and its partners or licensors retain all rights in the Services and Rubbin BUTTZ BBQ Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Rubbin BUTTZ BBQ or any third party is granted under this Agreement.
Application License. Subject to the terms and conditions of this Agreement, Rubbin BUTTZ BBQ grants User a non-exclusive, non-transferable, revocable license to use the Rubbin BUTTZ BBQ mobile applications, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
Reviews, Comments, Communications, and Other Content. The Services may permit you to submit, transmit, post or otherwise provide content, including, but not limited to, reviews, comments, ratings, photos, images, videos, sounds, text, data, links and location information; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). Your User Content should be unbiased and objective. You may not submit reviews, comments or ratings for which you are being compensated in any manner, or for your own restaurant or any restaurant of your employer, friend, relative or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. The name or handle you choose to provide to Rubbin BUTTZ BBQ may be displayed publicly with such User Content. Rubbin BUTTZ BBQ reserves the right (but has no obligation) to monitor, remove, or edit User Content in Rubbin BUTTZ BBQ’s sole discretion, including if User Content violates this Agreement (including any Rubbin BUTTZ BBQ Policies), but you acknowledge that Rubbin BUTTZ BBQ may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Rubbin BUTTZ BBQ a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers, including to restaurants, partners and other third party websites and feeds) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media, and, where applicable, you hereby waive any privacy or publicity rights or any similar rights in an individual’s name or likeness in addition to any moral or other rights you may have in the User Content you submit in favor of Rubbin BUTTZ BBQ. You represent that you own, or have the necessary permissions to use and authorize the use of User Content as described herein. Rubbin BUTTZ BBQ takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality with respect to User Content.
Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Rubbin BUTTZ BBQ and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Rubbin BUTTZ BBQ’s request) defend Rubbin BUTTZ BBQ, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Rubbin BUTTZ BBQ Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.