Buca di Beppo® Terms and Conditions of
Use
This Buca di Beppo website ("Website") is owned, operated,
licensed or controlled by BUCA, Inc. ("Buca") and is for your
personal use. Please read these Website Terms and Conditions
of Use ("Terms") carefully before using the Website. The use
of "You" or "Your" refers to any user of the products or services
offered on the Website which is subject to these Terms. Buca
reserves the right to update these Terms at any time without notice
to you. However, the most current version of these Terms may
be accessed by clicking on the "Terms and Conditions of Use" link
located at the bottom of the Website.
When you use the Website, you accept, WITHOUT LIMITATION OR
QUALIFICATION, these Terms, including any changes that are made
from time to time. If you do not accept or agree with these Terms,
then do not use the Website or download any materials or content
from it. By accessing, using, browsing or downloading in any way,
without limitation or qualification, any material on the Website,
you agree to and are bound by these Terms.
Capacity to Accept these Terms
You represent that you are either 18 years of age or older, or an
emancipated minor, or possess legal parental or guardian consent,
and are fully able and competent to enter into the terms,
conditions, obligations, representations, and warranties set forth
in these Terms, and to abide by and comply with these Terms.
Regardless, you affirm that you are 13 years of age or older, as
the Buca Website is not intended for use by children under 13. If
you are under 13 years of age, then please do not use the Buca
Website. If you are under 13 years of age and need to access
the Buca Website, request parental or guardian assistance.
Restrictions on Use
Buca hereby grants you permission to use the Website as set forth
in these Terms, provided that: (i) your use of the Website as
permitted is solely for your personal, noncommercial use; (ii) you
will not copy or distribute any part of the Website in any medium
without Buca's prior written authorization; and (iii) you will
otherwise comply with the terms and conditions of these
Terms.
In order to access some features of the Website, you may have to
create an account. You may never use another's account without
permission. When creating your account, you must provide accurate
and complete information. You are solely responsible for the
activity that occurs on your account, and you must keep your
account password secure. You must notify Buca immediately of any
breach of security or unauthorized use of your account.
Unless you have first obtained prior written approval, you may not
do any of the following:
- Use any robot, RATs, keyboard loggers, time bombs, spyware,
adware, spider or any other automatic devices not provided by us to
extract any data or content from the Website;
- Interfere disrupt, or attempt to gain unauthorized access to
other accounts on the Website or any other computer network;
- Frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary content, including page layout or form;
use of any meta tags or any other "hidden text" utilizing the Buca
name or trademarks.
- Post or submit any unlawful, libelous, obscene, defamatory,
scandalous, threatening, inflammatory, profane or pornographic
material or any material that could constitute or encourage conduct
that would be considered a criminal offense, give rise to civil
liability or otherwise violate any applicable laws or
regulations;
- Create a false identity or otherwise attempt to mislead any
person as to the identity or origin of any communication; or
- Engage in any other activity deemed by Buca to be in conflict
with the spirit or intent of the Website.
Intellectual Property Rights
The use of Buca trademarks, service marks and logos is prohibited
without Buca's express prior written consent and Buca will strictly
exercise and enforce its rights to the fullest extent of the
law. You may not use, copy, republish, upload, modify,
reproduce, distribute or use Buca's Website content in any way
without the prior written consent of Buca, except as provided in
these Terms. You may download one copy of the material
on the Website for your personal, non-commercial home use only,
provided you do not delete, modify or change any copyright,
trademark or other proprietary notices. All of
the Website content is copyrighted including, but not limited to,
all text, design, graphics, images, sound files, video, interfaces,
code, layout, and the selection and arrangement thereof appearing
or included from time to time on the Website except where
explicitly noted otherwise. You agree not to circumvent,
disable or otherwise interfere with security related features of
the Website, or features that prevent or restrict use or copying of
any content or enforce limitations on use of the Website or the
content herein. If you modify or use materials for any other
purpose, you will be violating the intellectual property rights of
Buca, which it vigorously protects. The material in the Website is
provided for lawful purposes only.
Third-Party Copyrights
If you believe any content on the Website infringes your
copyright, you may request removal of such content from the Website
by contacting Buca's legal department by mail using the address
below or email at legal@bucainc.com.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.
§512 (c)(2), please provide the following information:
- Your name, address, telephone number, and e-mail address.
- Identification of the copyrighted work that you believe to be
infringed. Please describe the work and include a copy of the
location (URL) of the unauthorized version of your work.
- A statement that you have a good faith belief that the Website
content is not authorized by the copyright owner, its agent, or the
law.
- A signature or the electronic equivalent from the copyright
holder or authorized representative.
Mailing address:
Attn: General Counsel
BUCA, Inc.
6052 Turkey Lake Road, Suite 201
Orlando, Florida 32819
Hyperlinks
You are not permitted to create a link to the Website without
first obtaining Buca's prior written consent.
Privacy Policy
All of the information that is collected from customers, such as
email addresses and related personal information and credit card
information, is subject to the Website privacy policy. Please
see the Website Privacy Policy.
User Submissions
The Website content may now or in the future permit the submission
of suggestions, ideas, graphics, concepts, photos, videos or other
communications or information, or know-how contained in any
communications or information submitted by you and other users
("User Submissions") and the hosting, sharing, and/or publishing of
such User Submissions. You agree that, upon submitting,
posting or otherwise transmitting to Buca, any such User
Submissions will become and forever be the property of Buca and you
further understand that whether or not such User Submissions are
published, Buca does not guarantee any confidentiality with respect
to any User Submissions. You agree that Buca may publish your
name and/or User Submission on the Buca Website, in email
campaigns, on social media pages, in print material, press releases
or any other mediums, and Buca may freely use any User Submissions
for any purpose whatsoever, be it commercial or non-commercial,
without any acknowledgement, notification or payment of any
compensation to you.
You shall be solely responsible for your own User Submissions and
the consequences of posting or publishing them. In connection with
User Submissions, you affirm, represent, and/or warrant that: (i)
you own or have the necessary licenses, rights, consents, and
permissions to use and authorize Buca to use all patent, trademark,
trade secret, copyright or other proprietary rights in and to any
and all User Submissions to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these
Terms; and (ii) you have the written consent, release, and/or
permission of each and every identifiable individual person in the
User Submission to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of the
User Submissions in the manner contemplated by Buca. Buca may
use such submissions in any manner in the sole discretion of Buca.
You retain all of your ownership rights in your User
Submissions. However, by submitting the User Submissions to Buca,
you hereby grant Buca a perpetual worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use,
reproduce, distribute, prepare derivative works of, display, and
perform the User Submissions in connection with the Website and
other Buca or successor business, including without limitation for
promoting and redistributing part or all of the Website (and
derivative works thereof) in any media formats and through any
media channels. You also hereby grant each recipient of any User
Submission a non-exclusive, royalty-free license to access your
User Submissions through the Website, and to use, reproduce,
distribute, prepare derivative works of, display and perform such
User Submissions as permitted through the Website and under these
Terms.
In connection with User Submissions, you further agree that you
will not: (i) submit copyrighted material, material protected by
trade secret or otherwise subject to third party proprietary
rights, including privacy and publicity rights, unless you are the
owner of such rights or have permission from their rightful owner
to post the material and to grant Buca all of the license rights
granted herein; (ii) publish falsehoods or misrepresentations that
could damage Buca or any third party; (iii) submit material that is
unlawful, libelous, obscene, defamatory, scandalous, threatening,
pornographic, harassing, racially or ethnically offensive, or
encourages conduct that would be considered a criminal offense,
give rise to civil liability, violate any regulation or law, or is
otherwise inappropriate; (iv) post advertisements or solicitations
of business(es); or (v) impersonate another person. Buca will fully
cooperate with any law enforcement authorities, agencies or court
order requesting or mandating disclosure of the identity of any
person posting any such information or materials. Buca does
not endorse any User Submission or any opinion, recommendation, or
advice expressed therein, and Buca expressly disclaims any and all
liability in connection with User Submissions. Buca reserves
the right to remove Website content and User Submissions without
prior notice. Buca also reserves the right to decide whether
Website content or a User Submission is appropriate and complies
with these Terms. Buca may remove such User Submissions and/or
terminate Website access for uploading material in violation of
these Terms at any time, without prior notice and at its sole
discretion.
Warranties
The Website and the Website content are provided on a "as is"
basis. To the fullest extent permitted by law, Buca, its
parent, subsidiaries, and affiliates ("Buca Entities"), and each of
their agents, representatives and service providers,disclaim all
warranties, either expressed or implied, statutory or otherwise,
including but not limited to the implied warranty of
merchantability, non-infringement of third parties' rights, and
fitness for particular purpose. Applicable law may not allow
the exclusion of implied warranties, so the above exclusion may not
apply to you. The Buca Entities, their agents, representatives
and service providers cannot and do not guarantee or warrant that:
(a) the Website will be reliable, accurate, complete, or updated on
a timely basis; (b) any files available for downloading from the
Website will be free of infection by viruses, worms, Trojan horses,
or other codes that manifest contaminating or destructive
properties; (c) the Website will be free from human and machine
errors, failure of performance, omissions, delays, interruptions
and losses, including loss of data; or (d) functions or services
performed on the Website will be uninterrupted or error-free.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUCA DOES NOT GUARANTEE
THE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY
RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED
WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF BUCA.
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT THE BUCA
ENTITIES SHALL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY
SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY DAMAGES,
DAMAGES FOR LOSS PROFITS, LOSS OF PRIVACY OR SECURITY OR FAILURE TO
MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH,
LACK OF NEGLIGENCE, OR WORMANLIKE EFFORT OR CONDUCT) ARISING FROM
YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY
TO YOUR USE OF THE WEBSITE, EVEN IF THERE IS NEGLIGENCE ON THE PART
OF BUCA, OR AN AUTHORIZED BUCA REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR BOTH, AND EVEN IN THE EVENT OF
FAULT, TORT OR STRICT OR PRODUCT LIABILITY OR
MISREPRESENTATION.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF, AND RELIANCE ON, THE BUCA GOODS AND
SERVICES, FROM INABILITY TO USE THE BUCA GOODS OR SERVICES, OR FROM
THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BUCA SERVICES
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
Indemnity
You agree to defend, indemnify and hold harmless, Buca, its parent
company, affiliates, officers, directors, employees and agents,
from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses, (including but not
limited to attorneys' fees) arising from: (i) your use of and
access to the Website; (ii) your violation of any of these Terms,
(iii) your violation of any third party right, including without
limitation any copyright, property, or privacy act; or (iv) any
claim that one of your User Submissions caused damage to a third
party. This defense and indemnification obligation will
survive these Terms and your use of the Website.
You also agree to indemnify, defend and hold harmless Buca and its
third party providers, from and against any and all losses, damage,
liability and costs of every nature incurred by any claim, damage
or loss related to or arising out of your use of the Website or
related Websites, any alleged unauthorized use of the Website, or
any breach or alleged breach by you of these Terms.
Payment Verification
Buca reserves the right to refuse service or decline orders for
any reason. Accordingly, Buca may request written
verification and proof of a user's identity by supplying Buca with
a copy of government issued photo identification at Buca's sole
discretion.
Gift Cards
This gift card is issued by and represents an obligation of BUCA,
Inc. Protect your gift card like cash. Lost or stolen gift
cards will not be replaced. You can add to the card balance at any
time. No service fees are charged on gift cards. Except where
required by law, this gift card is not redeemable for cash.
To check your balance, visit the Website. You may redeem gift
cards for food and beverages at any participating Buca di Beppo®
restaurant location in the United States.
Termination
Buca has the right to terminate your access to the Website content
for any reason whatsoever, if Buca, in its sole discretion,
considers your use to be unacceptable or in violation of these
Terms. Buca may, but shall be under no obligation to, provide
you a warning prior to termination of your use of the
Website. No failure or delay on the part of Buca in
exercising any right or remedy hereunder or enforcing the terms and
conditions of these Terms will operate as a waiver thereof. If any
part or provision of these Terms is found to be invalid,
unenforceable or void, then the remaining portion shall remain in
full force and effect.
Arbitration
Buca may elect to resolve any controversy or claim arising out of
or relating to these Terms or the Website by binding arbitration in
accordance with the commercial arbitration rules of the American
Arbitration Association. In accordance with the Federal
Arbitration Act or the state law modifying or supplementing the
Federal Arbitration Act 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 Orange County,
Florida and judgment on the arbitration award may be entered in any
court having jurisdiction thereof.
Governing Law and Exclusive Jurisdiction
This Website is controlled by Buca from its offices within the
United States of America. Buca products and services are
available in many parts of the world, but services are not
available worldwide. Claims of every nature (including
without limitation, contract, tort and strict liability) relating
in any way to any aspect of the Website shall be governed by the
laws of the State of Florida, U.S.A without regard to its conflict
of law provisions. You hereby consent to jurisdiction in a
state or federal court in Orange County, Florida and waive any
claim or defense that such forum is not convenient or proper, and
consent to service of process by any means authorized by Florida or
federal law.
2011 © Buca, Inc. All Rights Reserved.