Effective Date: 03/28/23
The websites, mobile websites, mobile applications, Wi-Fi, or other online services owned or operated by or on behalf of Artistry Restaurants, Inc. or its affiliates, brands and subsidiaries (collectively “Artistry Restaurants”, “we”, “our”, “us” or any derivatives thereof) (collectively, “Services”) are made available to you by Artistry Restaurants and are subject to the following Terms of Use. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. By using the Services, you agree that these Terms of Use create a legally binding agreement between you and Artistry Restaurants.
Artistry Restaurants reserves the right, at any time, to modify these Terms of Use. By continuing to use the Services following such modifications you agree to be bound by such modifications. We will post our most current Terms of Use on this page, and you should periodically visit this page to review them.
Please note that some of our Services or specific portions or features of our Services may be subject to additional policies, terms, or conditions (“Additional Terms”). Please review all Additional Terms for the Services you use, which are incorporated into and made a part of these Terms of Use. If there is a conflict between these Terms of Use and any of the Additional Terms, the conflicting Additional Terms shall take precedence with respect to your use of those Services that are governed by those conflicting Additional Terms. Finally, these Terms of Use incorporate by reference any other notices contained on the Services and constitute the entire agreement between you and Artistry Restaurants with respect to your access to and use of the Services.
Communications
You may also communicate with us via e-mail, postal mail, telephone, the mobile applications, our website, and other services. We may issue notices via these various channels, including by sending e-mails to an address you provide us. You agree that such notices shall have legal effect. You also agree that any notices sent by e-mail satisfy any requirement that notices be provided in writing. You may have the right to withdraw your consent to receive certain emails and notices from mobile applications, and, when required by law, we will provide you with paper copies of notices upon request. You agree that you may make such a request by contacting us at [email protected]. To receive, access, and retain certain notices we send via e-mail, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these terms, you confirm that you are able to receive, access, and retain the notices we may send. You may update your contact information through the Services.
Privacy
Please review our Privacy Policy which also governs your use of the Services
Ownership
Unless noted otherwise, the Services, in their entirety, including but not limited to all design and content, are the sole property of Artistry Restaurants or its content suppliers. The content available via the Services is protected by United States and international copyright, trademark, and other laws. Except as stated in these Terms of Use, no content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without the prior written consent of Artistry Restaurants or the respective owner. You may not use Artistry Restaurants’ name, logo, or other trademarks for any purpose without the express written consent of Artistry Restaurants. Any rights not expressly granted herein are reserved by Artistry Restaurants.
You may not, without Artistry Restaurants’ prior written consent: (a) use bots, scripts, spiders, crawlers, software, or other tools, devices, or processes on the Services for any purpose, including but not limited to mining, scraping, accessing, or collecting designs or content available on the Services; or (b) use designs or content obtained from the Services for use in any other product, service, or offering, including but not limited to websites, mobile applications, or other digital services.
Copyright Policy
Artistry Restaurants does not permit copyright infringing activities on its Services. Artistry Restaurants abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we will remove materials if properly notified that such materials infringe on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content on our Services infringes upon your copyrights, you may submit a notification pursuant to the DMCA by sending an e-mail to [email protected].
Conduct and Security on the Services
You are not permitted to engage in any conduct that, as determined in our sole discretion, restricts, inhibits, or interferes with the ability of any other person to use or enjoy the Services. You may use the Services only for lawful purposes. You are prohibited from: (a) accessing or using the Services to collect information about users of the Services; (b) violating or attempting to violate the security of the Services; or (c) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted via the Services.
Links
For the purposes of the Atlantic Beer and Oyster Website (AtlanticBeerandOyster.com) you may create a text-only hyperlink labeled “ABO Website” to our home pages only (AtlanticBeerandOyster.com). You are not permitted to use a link that “frames” our Services or that portrays Atlantic Beer and Oyster or Artistry Restaurants, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. Also, you may not use any other Atlantic Beer and Oyster or Artistry Restaurants logo, graphic or trademark as part of the link without our express written permission. Artistry Restaurants may revoke your right to link at any time for any reason.
User Content and Permitted Use of Services
Artistry Restaurants reserves the right, but not the obligation, to monitor use of the Services and the content that you and other users may post in certain areas. We further reserve the right, but not the obligation, to remove information and materials that we deem, in our sole discretion, to be objectionable. Subject to the terms of our Copyright Policy language above, Artistry Restaurants expressly disclaims any obligation or warranty to screen or remove objectionable materials. Artistry Restaurants further reserves the right to disclose any content, records, or electronic communications of any kind if we are required to do so by any law, regulation, or court order, or if such disclosure is necessary or appropriate to operate the Services or to protect Artistry Restaurants’ rights or property, or the rights of others, including our partners, affiliates, sponsors, providers, licensors, and merchants, or other persons that use the Services.
You represent and warrant that you will not use the Services to post content (such as comments): that is false, misleading, inaccurate; that is unrelated to the Services, that infringes on the rights of others; that, as determined by Artistry Restaurants in its sole discretion, is confidential or private information, obscene, harassing, abusive, defamatory, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity; that constitutes unsolicited advertising; that impersonates another person, business, or entity; that contains malicious or otherwise harmful computer code; or that otherwise violates these Terms of Use. You also represent and warrant that you will not post content for which you received compensation from a third party without receiving written authorization from Artistry Restaurants.
Information Provided on Our Services
Artistry Restaurants may offer you the opportunity, or you may choose, to submit information, comments, pictures, videos, or ideas to Artistry Restaurants or to other users of the Services (collectively “Submissions”). We welcome your Submissions. However, by sending Submissions to Artistry Restaurants, you acknowledge that the Submissions will not be treated by Artistry Restaurants as confidential and you agree that you grant to Artistry Restaurants a nonexclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any media for any purpose whatsoever, without restriction and without compensating you in any way. You should not send us any Submissions that you are legally prohibited from transferring to us. By sending Submissions, you warrant that you are the sole author of the content, that you are at least 18 years old or that you are at least 13 years old, and your parent or legal guardian agrees to be bound by these Terms of Use, and that your Submissions will not cause injury to the rights or property of any person or entity.
Termination/Access Restriction
We reserve the right, in our sole and absolutely discretion, to terminate your access to the website and Services or any portion thereof at any time, for any reason, without notice to you. This includes but is not limited to instances where you may show disregard for the Terms or act in an unacceptable manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion.
Disclaimers
ALTHOUGH ARTISTRY RESTAURANTS RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE SERVICES, AND ALL INFORMATION CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ARTISTRY RESTAURANTS DOES NOT WARRANT THAT THE SERVICES OR ANY INFORMATION, CONTENT OR FUNCTIONALITIES OFFERED THROUGH THE SERVICES, OR ANY ELECTRONIC COMMUNICATIONS SENT FROM ARTISTRY RESTAURANTS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ARTISTRY RESTAURANTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT ARTISTRY RESTAURANTS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM: THE USE OF THE SERVICES; THE INABILITY TO USE OR ACCESS THE SERVICES; OR ANY INFORMATION, CONTENT OR FUNCTIONALITY OFFERED THROUGH THE SERVICES. THESE LIMITATIONS APPLY TO ALL LOSSES AND DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ARTISTRY RESTAURANTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION, RELATED TO OR RESULTING FROM USE OF THE SERVICES OR MATERIALS LINKED OR RELATED THERETO OR THEREFROM AND ALSO ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY INJURY, LOSS, CLAIM OR DAMAGE RELATING TO OR RESULTING FROM ANY PART OF THE SERVICES OPERATING OR NOT OPERATING ON COMPUTERS OR NETWORKS USED BY YOU OR COMMUNICATING WITH SUCH COMPUTERS OR NETWORKS.
Indemnities
You agree to hold harmless Artistry Restaurants and its respective shareholders, officers, directors, employees, agents, licensors and suppliers from any and all claims arising out of or related to your access or use of the Services or your inability to access or to use the Services or any other offerings rendered by Artistry Restaurants or its contractors in conjunction with the Services or your use of the Services.
Applicable Law
By using the Services, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Artistry Restaurants.
Disputes
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN PENSACOLA, FLORIDA EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT. IF YOU CAN DEMONSTRATE TO US THAT ARBITRATION IN WINTER PARK, FLORIDA WOULD CREATE AN UNDUE BURDEN TO YOU, WE WILL ALLOW YOU TO INITIATE THE ARBITRATION IN YOUR HOME STATE. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.
CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA’S CONSUMER RULES”), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE ON THE AMERICAN ARBITRATION ASSOCIATION’S WEBSITE.
ARTISTRY RESTAURANTS AND YOU AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.
THE ARBITRATOR SHALL APPLY FLORIDA LAW, AND THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN WINTER PARK, FLORIDA.