This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site other than to read this Agreement for the first timeEnd User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity.
End User shall be responsible for protecting the confidentiality of End User's password sif any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Tootsie's Cabaret, and Tootsie's Cabaret shall not be responsible for any data lost while transmitting information on the Internet.
While it is Tootsie's Cabaret's objective is to make over Site accessible 24 hours per tootsie, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Tootsie's Cabaret, access to the Site may be interrupted, suspended or terminated from time to time. Tootsie's Cabaret shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for and or use.
Further, Tootsie's Cabaret may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other al characteristics. You represent that you are of legal age to form a binding contract. You must be at least 21 years old to be eligible to use the Site.
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Tootsie's Cabaret shall not be liable for any damages to the End User's equipment resulting from the use of this Site. This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site the "Microsites" are private property.
Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only.
End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Tootsie's Cabaret's express prior, written approval, contains advertising or any solicitation with respect to products or services.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of Tootsie's Cabaret, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws.
Tootsie's Cabaret owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly and under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Tootsie's Cabaret or the copyright owner is permitted.
If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Trademarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with Tootsie's Cabaret shall not be deemed to be in the tootsie domain but rather the exclusive property of Tootsie's Cabaret, unless such site is under from the Trademark owner thereof, in which case such is for the exclusive benefit and use of Tootsie's Cabaret unless otherwise stated.
End User shall notpost or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Tootsie's Cabaret does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked.
End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from over a submission.
End User also permits any other end user to access, view, store or reproduce the material for that End User's personal use. End User hereby grants Tootsie's Cabaret the right to edit, copy, publish and distribute any material made available on this Site or any Microsite by End User. The foregoing provisions of Section 5 apply equally to and are for the benefit of Tootsie's Cabaret, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Tootsie's Cabaret reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Tootsie's Cabaret by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide Tootsie's Cabaret with the following information: a an electronic or physical ature of the person authorized to act on behalf of the owner of the copyrighted work; b an identification and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; c a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; d your name and contact information, such as telephone or e-mail address; and e a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Contact information for Tootsie's Cabaret's Copyright Agent for notice of claims of copyright infringement is as follows:. Tootsie's Cabaret shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Tootsie's Cabaret, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Tootsie's Cabaret shall have the right, but not the obligation, to remove any material that Tootsie's Cabaret, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Tootsie's Cabaret does not control or endorse the content, messages or information found and any Community, and, therefore, Tootsie's Cabaret specifically disclaims any liability concerning the Communities and any actions resulting from End Users' participation in any Community, including any objectionable content. Generally, any communication which End User posts to Tootsie's Cabaret whether in chat rooms, discussion groups, message boards or otherwise is considered to be non-confidential.
If particular web s permit the submission of communications that will be treated by Tootsie's Cabaret as confidential, that fact will be stated on those s. By posting comments, messages or other information on the Site or any Microsite, End User grants Tootsie's Cabaret the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.
End User agrees to defend, indemnify and hold harmless Tootsie's Cabaret, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites.
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End User is solely responsible for interactions with Merchants and other users of the Site or Microsites. In connection with the foregoing release, End User hereby waives California Civil Code Section and any similar provision in any other jurisdiction which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
Tootsie's Cabaret may terminate this Agreement at any time. Without limiting the foregoing, Tootsie's Cabaret shall have the right to immediately terminate or suspend any passwords or s of End User in the event of any conduct by End User or which Tootsie's Cabaret, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement.
The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement. All rights in respect of Tootsie's Cabaret are hereby expressly reserved.
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Unless otherwise indicated, all other trademarks appearing on Tootsie's Cabaret Site are the property of their respective owners. Tootsie's Cabaret, similar to an Internet Service Provider, is a distributor and not a publisher of content supplied by third parties and End Users. Accordingly, Tootsie's Cabaret has no more editorial control over such content than does a public library, bookstore or newsstand.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author s or distributor s and not of Tootsie's Cabaret. In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Tootsie's Cabaret. Tootsie's Cabaret neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Tootsie's Cabaret Site by anyone other than authorized Tootsie's Cabaret employee spokespersons while acting in official capacities.
Under no circumstances will Tootsie's Cabaret be liable for any loss or damage caused by an end user's reliance on information obtained through Tootsie's Cabaret Site. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc.
Tootsie's Cabaret contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Tootsie's Cabaret of the contents on such third-party sites, and Tootsie's Cabaret hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Tootsie's Cabaret expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website.
Tootsie's Cabaret reserves the right to revoke its consent to any link at any time in its sole discretion. This Agreement, including the Terms of Sale set forth below which are incorporated into this Agreementand any operating rules for Tootsie's Cabaret established by Tootsie's Cabaret, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and tootsie. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of over rights or any other rights provided hereunder.
If, however, subpart 4 is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and and End User nor Tootsie's Cabaret shall be entitled to arbitrate their dispute. For Florida residents purchasing Vouchers where the Merchant is a healthcare provider: The patient and any other person responsible for payment has a and to refuse to over, cancel payment or be reimbursed for payment for any service, examination or treatment that is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted fee or reduced fee service, examination or treatment.
In most states, businesses not exclusively owned by physicians are prohibited from practicing medicine. You should note that parental control protections such as computer hardware, software, or filtering services are commercially available that may assist you in limiting access to material that is harmful to tootsies.
All Vouchers printed from the Site or any Microsite, or any other website associated with Tootsie's Cabaret hereinafter "Vouchers" are promotional Vouchers that may be purchased from participating merchants "Merchants" through Tootsie's Cabaret Site to be used in exchange for goods and services at a discount from their actual cost.
This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the Voucher. The Voucher you purchase through Tootsie's Cabaret Site is redeemable for goods or services by the Merchant. The Merchant, not Tootsie's Cabaret, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase. Tootsie's Cabaret sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
For this section, "Restaurant" shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Vouchers. All Vouchers shall be subject to the terms and conditions of Tootsie's Cabaret and the participating Restaurant or Merchant.