Terms and Conditions
The effective date of this Agreement is March 1, 2015. By accessing or using any features of the site located at www.arbyspopshop.com (the "Arby’s Restaurant Group Point of Sale" or "Web site") and operated and managed by Tukaiz LLC ("Tukaiz") and Arby’s Restaurant Group ("ARBY’S," with Arby’s Restaurant Group and Tukaiz jointly and severally referred to herein as "we" or "us"), you agree to be bound by these Terms and Conditions (collectively, "Terms and Conditions"). All visitors to and users of any aspects of the Arby’s Restaurant Group Portal (collectively, "Users") are bound by these Terms and Conditions. We reserve the right to modify the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you read these Terms and Conditions carefully each time you use this Web site.
Please note that the guidelines, policies, other terms and conditions of service, and use of other web sites affiliated with either Arby’s Restaurant Group or Tukaiz may vary from these Terms and Conditions.
These Terms and Conditions set out the legally binding terms with respect to your use of the Arby’s Restaurant Group Portal. Please read these Terms and Conditions carefully. Your access to and use of the Arby’s Restaurant Group Portal constitutes your acceptance of all the provisions of these Terms and Conditions. If you are unwilling to be bound by these Terms and Conditions, you should not access or use the Arby’s Restaurant Group Portal.
The Arby’s Restaurant Group Portal is not targeted towards, nor intended for use by anyone under the age of 18. By using the Arby’s Restaurant Group Portal, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the Arby’s Restaurant Group Portal. In the event we become aware you are under 18, we will terminate your registration.
Changes to the Site
You agree and understand that the Arby’s Restaurant Group Portal, including any and all features available via the Arby’s Restaurant Group Portal and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Arby’s Restaurant Group Portal implemented after your initial access to the Arby’s Restaurant Group Portal shall be subject to these Terms and Conditions. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials made available via the Arby’s Restaurant Group Portal by any User (all such items provided by Users, collectively, "User Content"). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms and Conditions, including without limitation, by removing any User Content posted or uploaded in violation of these Terms and Conditions, terminating the registration of such violators or blocking such violators' use of the Arby’s Restaurant Group Portal. We further reserve the right to refuse to print any User Content and you agree to release us from any claims or liability that might arise out of the User Content that you provide to us or any decision we may make to refuse to print any User Content.
In order to access some features of the Arby’s Restaurant Group Portal, you may be required to register and to select a password and user name, which shall consist of an email address you provide and a screen name ("User ID"). If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms and Conditions, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.
You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Arby’s Restaurant Group Portal shall be for your personal use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
Use of the Site/Services
You may use the Arby’s Restaurant Group Portals only for your personal use. For example, you may use the Arby’s Restaurant Group Portal to create customized point of sale materials. You acknowledge and agree that we do not control the User Content used to create the Arby’s Restaurant Group Portal, or any links to other websites, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the Arby’s Restaurant Group Portal. All User Content, including text and photos uploaded or provided by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent our views.
IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
Restrictions on Rights to Use
Without limiting the generality of any other provisions of these Terms and Conditions, you agree you shall not (and you agree not to allow any other individual or entity to):
- Download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, resell, rent, license, or in any way commercially exploit any portion of the Arby’s Restaurant Group Portal, except and to the extent expressly permitted under these Terms and Conditions;
- Remove any copyright, trademark or other proprietary rights notice contained in or on the Arby’s Restaurant Group Portal;
- Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Arby’s Restaurant Group Portal;
- Reformat or frame any portion of any Web pages that are part of the Arby’s Restaurant Group Portal;
- Create user accounts by automated means or under false or fraudulent pretenses;
- Submit to the Arby’s Restaurant Group Portal any content that falsely states or implies that such content is sponsored or endorsed by us;
- Transmit or upload to the Arby’s Restaurant Group Portal any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Arby’s Restaurant Group Portal, any other web site, or any computer or other device or system, or the eArby’s segment of the Arby’s Restaurant Group Portal by any User;
- Use the Arby’s Restaurant Group Portal to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- Submit to the Arby’s Restaurant Group Portal any content that you do not own or have the right to use and authorize its reproduction;
- Submit to the Arby’s Restaurant Group Portal any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Arby’s Restaurant Group Portal to transfer or store illegal material, including any material deemed threatening or obscene;
- Copy or store any User Content offered on the Arby’s Restaurant Group Portal other than for your personal use;
- Attempt to disrupt the Arby’s Restaurant Group Portal or take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Arby’s Restaurant Group Portal or the IT infrastructure used to operate and make the Arby’s Restaurant Group Portal available; or
- Use the Arby’s Restaurant Group Portal and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.
User Content Posted By You on the Arby’s Restaurant Group Portal
Without limiting the generality of any other provisions of these Terms and Conditions, you agree:
- You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party's prior written consent.
- You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including User Content that, in our sole discretion, (i) violates these Terms and Conditions, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
- You are solely responsible for any User Content you post, publish or display on the Arby’s Restaurant Group Portal or transmit to Users. You are solely responsible for the resolution of any disputes that arise between you and any other entity or individual.
- You will post only User Content you believe in good faith to be true and accurate, and you will not post to the Arby’s Restaurant Group Portal any User Content that is false, inaccurate, misleading or fraudulent.
- By uploading User Content to the Arby’s Restaurant Group Portal, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) us (each of Arby’s Restaurant Group and Tukaiz), and our respective contractors and business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms and Conditions, Us an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for Our commercial use, including but not limited to sample products and images on the Arby’s Restaurant Group Portal . You hereby irrevocably waive and assign to us any and all so-called moral rights or "droit moral" you may have in or with respect to any User Content you post to the Arby’s Restaurant Group Portal.
- The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the Arby’s Restaurant Group Portal. You may not post any content that:
- Is patently offensive to users of the Arby’s Restaurant Group Portal, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person;
- Promotes illegal activities or conduct that is abusive;
- Is threatening, obscene, defamatory or libelous;
- Is pornographic or sexually explicit in nature; or
- Seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
- You agree that we are not liable to you for any modification, suspension or discontinuance of the Arby’s Restaurant Group Portal. You are responsible for creating backups of any content you post to the Arby’s Restaurant Group Portal.
If you believe any User Content or any other aspect of the Arby’s Restaurant Group Portal infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Arby’s Restaurant Group Portal;
- 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 by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on the Arby’s Restaurant Group Portal may be reached at the following address:
2917 North Latoria Lane
Franklin Park, IL 60131
Or by email:
As between you and us, the Arby’s Restaurant Group Portal, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Arby’s Restaurant Group Portal, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms and Conditions shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Arby’s Restaurant Group Portal are the proprietary property of ARBY’S, Tukaiz, or their respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Arby’s Restaurant Group Portal are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Arby’s Restaurant Group Portal without the express written permission of the trademark owner.
Nothing in these Terms and Conditions shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE Arby’s Restaurant Group Portal, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE Arby’s Restaurant Group PORTAL, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE Arby’s Restaurant Group Portal, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE Arby’s Restaurant Group PORTAL, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE Arby’s Restaurant Group Portal, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE Arby’s Restaurant Group Portal IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE Arby’s Restaurant Group PORTAL, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE Arby’s Restaurant Group Portal. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE Arby’s Restaurant Group Portal OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE Arby’s Restaurant Group Portal SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU AGREE THAT WE ARE NOT LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE Arby’s Restaurant Group PORTAL. YOU ARE RESPONSIBLE FOR CREATING BACKUPS OF ANY CONTENT YOU POST TO THE Arby’s Restaurant Group PORTAL.
Limitation on Liability
IN NO EVENT SHALL ARBY’S, TUKAIZ, OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE Arby’s Restaurant Group PORTAL, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE Arby’s Restaurant Group PORTAL, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, TUKAIZ' AND Arby’s Restaurant Group‘S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE CUSTOMIZED PHOTO CALENDARS SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE Arby’s Restaurant Group Portal, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY ANY USER FOR THEIR ORDER FROM THE Arby’s Restaurant Group PORTAL. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
You agree to indemnify and hold ARBY’S, Tukaiz, and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Arby’s Restaurant Group Portal, (ii) your use of the Arby’s Restaurant Group Portal, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms and Conditions, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
Third Party Advertisements and Links to Third Party Sites
We may display on the Arby’s Restaurant Group Portal advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE Arby’s Restaurant Group Portal, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Changes to Terms and Conditions
We reserve the right to make changes at any time to these Terms and Conditions. Any modifications to the Terms and Conditions will be effective upon posting. You agree to review the Terms and Conditions periodically so that you are aware of any modifications. Your continued use of the Arby’s Restaurant Group Portal after any modifications indicates your acceptance of the modified Terms and Conditions.
Any dispute relative to the Arby’s Restaurant Group Portal or use or inability to use the Arby’s Restaurant Group Portal will be governed by the laws of the State of Illinois, without regard to its conflict of law provisions. Any dispute relating in any way to your visit to or participation on the Arby’s Restaurant Group Portal shall be submitted to confidential arbitration in Chicago, Illinois, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Illinois, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
By visiting Arby’s Restaurant Group Portal, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Arby’s Restaurant Group Portal.
The Arby’s Restaurant Group Portal and its contents are intended to comply with the laws and regulations in the United States. Although the information on the Arby’s Restaurant Group Portal is accessible to users outside of the U.S., the information pertaining to Point of Sale merchandise is intended for use only by residents of the U.S. Use of this Site, or any part thereof is void where prohibited.
Contact and Violations
Please contact us with any questions regarding these Terms and Conditions. Please report any violations of the Terms and Conditions to email@example.com.