Applebee's Services, Inc.
Some of the Services may be subject to additional posted conditions and your use of those Services is subject to those conditions. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions will control.
Unless you have greater rights in a separate signed agreement with us, we have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Services or the Web sites;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, or remove any material that you submit to our Web sites for any reason;
- Refuse, move, or remove any content that is available on our Web sites;
- Establish general practices and limits concerning use of our Web sites.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our franchisees, affiliates or business partners and that these communications are considered part of the Services. You also understand that our Services may include advertisements.
Content on our Web site
Our Web site includes a combination of content that we create and that our franchisees, affiliates or business partners create. All materials published on our Web site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are the intellectual property of Applebee's or our franchisees, affiliates or business partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our Web site in whole or in part, other than as necessary for your own personal non-commercial use, without our written consent.
Our Web site contains content that we create as well as content provided by third parties. This content may include, among other things, company information, and product or service information or reviews. There may be some inadvertent inaccuracies or typographical errors in the content and we do not guarantee the accuracy, integrity, completeness or quality of the content on our Web site or that located at third party URLs that may be posted on our Web site.
Trademarks and logos
The use of Applebee's trademarks, service marks and logos is prohibited without our written consent and we will strictly exercise and enforce our rights to them to the full extent of the law.
Your conduct on our Web site
Any information that you choose to provide us must be true, accurate, current, and complete. You agree not to copy or imitate the appearance, design or style of our Web sites. The technology and the software underlying our Web sites and the Services is the property of Applebee's, our franchisees, our affiliates and/or our business partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Web sites or the Services. You agree not to modify the software underlying our Web sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our Web sites.
You agree that you will not use our Web sites or its content to take any of the following actions:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Applebee's or any other person or entity;
- Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- Transmit executable programming or corrupted files of any kind, including viruses, spyware, trojan horses, easter eggs or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Web sites, software or hardware, third party Web sites or telecommunications equipment;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software posted or contributed content or other material;
- Restrict or inhibit any other user from using and enjoying any public area within our Web sites;
- Collect or store personal information about other end users;
- Interfere with or disrupt our Web sites, servers, or networks;
- Impersonate any person or entity, including, but not limited to, an Applebee's representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Web sites or to manipulate your presence on our Sites;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- Send or post spam or other direct marketing communications or postings, transmit or link to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
- Post submissions or use the Sites in such a way that damages the image or rights of Applebee's, other end users, or third parties;
- Transmit information that infringes any trademark, patent, copyright or other intellectual property right of any third party; or
- Engage in any illegal activities.
Use of our Web site is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Web sites.
General User Submissions
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our Sites ("Submission"). You hereby grant Applebee's International, Inc. our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish the Submission and subsequent versions of the Submission. Further, you license Applebee's the right to display the Submission on our Sites, distribute the Submission, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or store the Submission in a remote database accessible by end users for a charge. This license shall apply to the distribution and the storage of the Submission in any form, medium, or technology now known or later developed.
Submission of Content
The submission of your content to Applebee's through the Web sites is entirely voluntary and non-confidential. You grant to Applebee's International, Inc., its affiliates, and its partners a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any content, expression of content or other materials you submit (collectively, "Content") to Applebee's without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, reduce to practice, utilize in its business, license the Content, and all rights therein, in the name of Applebee's, or its designees throughout the world in perpetuity in any and all media now or hereafter known. You understand that Applebee's may be working on the same or a similar Content, that it may already know of such Content from other sources, that it may simply wish to develop your Content (or a similar Content) on its own or it may have taken or will take some other action. In return for Applebee's review and consideration of your Content, you acknowledge that you have read, understand and agree to the terms enumerated below, and further agree that these terms shall apply to any additional material previously or later submitted, until such time as Applebee's otherwise agrees in writing:
- To the best of your knowledge, the Content represents your own original work, you have all necessary rights to disclose the Content to Applebee's, and disclosure of the Content to Applebee's and Applebee's review and/or use of the Content will not infringe upon any other individual’s or entity’s rights.
- You understand that Applebee's has no obligation, either express or implied, to review, develop or use your Content and that no compensation is due to you or anyone else for any inadvertent or intentional use of that Content, related Content or Content derived from your Content.
- Applebee's consideration or use of your Content or any discussions or negotiations with you will not in any way impair Applebee's right to contest the validity of any rights you claim in any Content, or any alleged infringement of your rights.
- You acknowledge and declare that (a) you have read and fully understand these Terms and appreciate the nature, extent and consequences of these Terms, (b) the submission of your Content to Applebee's is entirely voluntary and non-confidential, and (c) Applebee's, directly or indirectly, may (i) be working on the same Content or an Content that is similar to the Content, or (ii) already know of your Content from other sources, or (iii) wish to develop your Content directly or an Content that is similar to the Content.
You agree that, except to the extent that these terms are superseded by a separate agreement in writing by you and Applebee's, you hereby irrevocably release and forever discharge Applebee's and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Applebee's and its affiliates and subsidiaries or their respective successors and assigns with respect to any Content, including without limitation in respect of how Applebee's and its affiliates and subsidiaries, directly or indirectly, use the Content. Nothing in this Agreement shall preclude Applebee's from raising any applicable defense, including invalidity and noninfringement, in any action brought by you.
You hereby agree to indemnify, defend and hold Applebee's and all of our officers, directors, owners, employees, agents, information providers, franchisees, affiliates, partners, and licensors (collectively, Applebee's Parties) harmless from and against any and all liability, losses, costs, and expenses, including attorneys' fees, incurred by any Applebee's Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of:
- Your use or misuse of our Web sites or any information obtained from our Web site;
- The content, the quality, or the performance of content or ideas that you submit to our Web sites;
- Your connection to our Web site;
- Your violation of these Terms; or
- Your violation of the rights of Applebee's or any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Unless you have greater rights in a separate signed agreement with us, we disclaim any service outages that are caused by our maintenance on the servers or the technology that underlies our Web site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR WEB SITE. OUR WEB SITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR FRANCHISEES, AFFILIATES OR BUSINESS PARTNERS MAKES ANY WARRANTY THAT (i) OUR WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEB SITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR FRANCHISEES, AFFILIATES OR BUSINESS PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEB SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR WEB SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR FRANCHISEES, AFFILIATES OR BUSINESS PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Applebee's may elect to resolve any controversy or claim arising out of or relating to these Terms or our Web site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Johnson County, Kansas, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in the state of Kansas, necessary to protect the rights or the property of you or Applebee's (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Web site or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
These Terms will be construed in accordance with the laws of the State of Kansas, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Kansas if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.