Red Lobster - Terms of Use

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Terms of Use

Usage of Submitted Content

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Terms and Conditions

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Terms and Conditions


Terms of Use Effective Date: July 28, 2014

These Terms of Use apply to the Red Lobster websites on which we have posted these Terms of Use (collectively, the "Sites"). The Sites are operated by Red Lobster Management LLC or our affiliates (collectively, "Red Lobster"). Throughout the Sites, the terms "we," "us" and "our" refer to Red Lobster. Red Lobster offers the Sites, including all information, tools and services available from the Sites, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of a Site constitutes your agreement to these Terms of Use.

Accuracy, Completeness and Timeliness of Information on the Sites

Red Lobster is not responsible if information made available on the Sites is not accurate, complete or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Sites is at your own risk. The Sites may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on the Sites. You agree that it is your responsibility to monitor changes to the Sites.

Use of Materials on the Sites

All content on the Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Red Lobster, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Sites for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Sites, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Sites, or use of the Sites for purposes competitive to Red Lobster, is expressly prohibited without the prior written consent of Red Lobster. You agree to abide by all additional restrictions displayed on the Sites as it may be updated from time to time. Red Lobster reserves the right to refuse or cancel any person's registration for the Sites, remove any person from the Sites or prohibit any person from using the Sites for any reason whatsoever. Red Lobster, or its licensors or content providers, retain full and complete title to the material provided on the Sites, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Red Lobster's sole discretion. Red Lobster neither warrants nor represents that your use of materials on the Sites will not infringe rights of third parties not affiliated with Red Lobster.

You may not use contact information provided on the Sites for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Sites or to surreptitiously intercept any system, data or personal information from the Sites. You agree not to interrupt or attempt to interrupt the operation of the Sites in any way. Red Lobster reserves the right, in its sole discretion, to limit or terminate your access to or use of the Sites at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Red Lobster may be entitled at law or in equity.

Materials You Submit

You acknowledge that you are responsible for any material you may submit via the Sites (including any components of the Sites administered by third parties, such as tools that allow you to interact with the Sites through Facebook and other social media platforms), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Sites any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Sites.

If you do submit material, and unless we indicate otherwise, you grant Red Lobster an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Red Lobster is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Red Lobster. You grant Red Lobster the right to use the name you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Red Lobster for all claims resulting from content you supply.

Conduct on the Sites

Some features that may be available on the Sites require registration. By registering at and in consideration of your use of the Sites you agree to provide true, accurate, current and complete information about yourself.

Some features on the Sites require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Red Lobster immediately. Red Lobster may assume that any communications Red Lobster receives under your password have been made by you unless Red Lobster receives notice otherwise.

You or third parties acting on your behalf are not allowed to frame the Sites or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, Red Lobster®, Cheddar Bay Biscuits®, Lobsterfest®, Endless Shrimp®, and Sea Food Differently®. You may not use frames or utilize framing techniques or technology to enclose any content included on the Sites without Red Lobster's express written consent. Further, you may not utilize any Site content in any meta tags or any other "hidden text" techniques or technologies without Red Lobster's express written consent.

Links

The Sites may contain links to other websites, some of which are operated by Red Lobster and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Red Lobster is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

Trademarks and Copyrights

Trademarks, logos and service marks displayed on the Sites are registered and unregistered trademarks of Red Lobster, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Sites without the owner's prior written permission, except as otherwise described herein. Red Lobster reserves all rights not expressly granted in and to the Sites and its content. The Sites and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Infringement Notice

We respect the intellectual property rights of others and request that you do the same. You are hereby informed that Red Lobster has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Red Lobster's system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:

Writing to:
 Horace Dawson
 General Counsel
 Red Lobster Management LLC
 1000 Darden Center Drive
 Orlando, FL 32837
Phone: 844-755-3425, ext. 2
Email:  Legal@RedLobster.com

To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Red Lobster is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Sites, including material you provide to us, and so we have an absolute right to remove any material from the Sites in our sole discretion at any time.

DISCLAIMERS

YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME. RED LOBSTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RED LOBSTER OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND THAT THE SITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RED LOBSTER NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE SITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES, RED LOBSTER'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF RED LOBSTER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER RED LOBSTER NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH RED LOBSTER IS TO DISCONTINUE YOUR USE OF THE SITES. YOU AND RED LOBSTER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Red Lobster and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Sites and any violation of these Terms of Use. If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Red Lobster reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Red Lobster in the defense of such matter.

Jurisdiction and Applicable Law

The laws of the State of Florida govern these Terms of Use and your use of the Sites, and you irrevocably consent to the jurisdiction of the courts located in the County of Orange for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to the Sites from any jurisdiction in the world, but we have no practical ability to prevent such access. The Sites have been designed to comply with the laws of the State of Florida and of the United States. If any material on the Sites, or your use of the Sites, is contrary to the laws of the place where you are when you access it, the Sites are not intended for you, and we ask you not to use the Sites. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use

Red Lobster reserves the right in its sole discretion to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the relevant Sites. It is your responsibility to check periodically for any changes we make to the Terms of Use. Revised terms will take effect five days after their publication on the relevant Sites and will apply only on a going-forward basis. Your continued use of the Sites after that point signifies that you accept the changes.

Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on the Sites constitute the entire agreement and understanding between you and Red Lobster with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

How to Contact Us

If you have any questions or comments about these Terms of Use or the Sites, please contact us by:

Emailing us at: ComplianceEthics@RedLobster.com
Writing to:
 Red Lobster Management LLC
 Compliance and Ethics Office
 1000 Darden Center Drive
 Orlando, FL 32837
Phone: 844-755-3425, ext. 2

Thank you for visiting our Sites.

 

Usage of Submitted Content

By posting any content to Red Lobster's Facebook page or participating in a promotion, you grant (and you represent that you have all necessary rights to grant) an unlimited, perpetual license to Red Lobster Hospitality LLC, on behalf of itself and its affiliates, and its or their agencies and contractors, to publish, perform, adapt, edit, modify, reformat or otherwise use such content (including your name, biographical information, opinions, ideas, photographs, images, recordings, and any submission or content provided by you through our Facebook page in connection with a promotion) on our Facebook page, other social media platforms, and websites, in all media (now known or developed in the future), for commercial, advertising, promotional, or any other purpose, without approval by or consideration to you.

By using the Red Lobster site (the “Site”) you are agreeing to be bound by the following Terms and Conditions.

Gift Card Terms and Conditions

Your purchase, use or acceptance of a Gift Card constitutes acceptance of the following terms and conditions. This Gift Card is issued by and represents an obligation solely of Darden SV, Inc. (“Darden”). Each time you use it, we’ll deduct that amount from the balance until you’ve used the full balance of the card. (1) Except where required by law, this gift card is not redeemable for cash. (2) We can’t replace it if it’s lost or stolen. (3) Valid at any participating Darden-connected restaurants in the U.S., including Olive Garden, LongHorn Steakhouse, Bahama Breeze, Seasons 52 or Yard House. (4) Approval required to advertise this card. For Gift Card balance and activity visit www.redlobster.com or call toll-free 1-877-720-6601

© 2014 Darden Concepts, Inc.

eGift Card Terms and Conditions

Your purchase, use or acceptance of an eGift Card constitutes acceptance of the following terms and conditions. This eGift Card is issued by and represents an obligation solely of Darden SV, Inc. (“Darden”). Each time you use it, we’ll deduct that amount from the balance until you’ve used the full balance of the card. (1) Except where required by law, this eGift Card is not redeemable for cash. (2) We can’t replace the value on this card if it is lost or stolen. (3) It may be redeemed at Red Lobster or any other Darden restaurant but is only valid in participating locations in the United States. (4) Approval required to advertise this card. (5) May not be used to purchase alcohol where prohibited by law. (6) eGift Card does not expire. (7) eGift Card deemed purchased from and issued in the State of Florida. (8) The risk of loss and title to the eGift Card passes to the recipient upon electronic transmission of the eGift Card. (9) eGift Card balance may not be transferred to a physical gift card; however, eGift Card may be printed or reprinted for redemption.

For Gift Card balance and activity, visit https://gift.redlobster.com/GiftCard/Balance.aspx or call 1-877-720-6601.

© 2014 Darden Concepts, Inc.