Terms and Conditions
I understand and agree that registration on or use of this site
constitutes agreement to its User Agreement and Privacy Policy.
All information on this site is subject to change.
Last revised January 21, 2007
GENERAL:
The following User Agreement ("Agreement") sets forth the terms and
conditions which govern your visit to LeftoverSteakRecipes online
service ("Site"), as well as all services related to the site
including without limitation participation in its bulletin boards,
forums, personal ads, chats, and all other areas (except to the extent
stated otherwise on a specific page) as provided by Fleming's Prime
Steakhouse & Wine Bar ("Service Provider"). Your use of and/or
registration on any aspect of the Site will constitute your Agreement
to comply with these rules. If you cannot agree with these rules,
please do not use this Site. These rules may be modified from time to
time; the date of the most recent revisions will appear on this page.
By continuing to use the Site following such changes, you will be
deemed to have agreed to such changes.
Your failure to follow these rules, whether listed below or in
bulletins posted at various points in the Service, may result in
suspension or termination of your access to the Service, without
notice.
If you have any questions regarding the meaning or application of
this Agreement, please direct your questions to
customerservice@flemingssteakhouse.com.
REGISTRATION:
Service Provider may require that you register and/or set up an
account to use certain portions of the Site. In order to do so, you
agree to choose, a password, User ID, and/or other registration
information. You agree and represent all information provided by you
is accurate and up-to-date. If any of your registration information
changes, you must update it by editing your registration profile on
the Site or emailing customerservice@flemingssteakhouse.com. If any
information provided by you is untrue, inaccurate, not current, or
incomplete, we reserve the right, at our sole discretion, to suspend
or terminate your access.
During registration, you will be asked to select a username and
password. You may not choose a username that impersonates someone
else, is or may be illegal, is or may be protected by trademark or
other proprietary rights law, is vulgar or otherwise offensive, or may
cause confusion. We reserve the right to reject any username in our
sole discretion. You agree not to transfer or resell your use of or
access to the Site or permit anyone else whose account or membership
was suspended or terminated to use the Site through your account,
username or password. If you have reason to believe that your password
is no longer secure, you must promptly change your password by
updating your member information, and notify us by email at
customerservice@flemingssteakhouse.com. You are solely responsible for
all usage or activity on your account including, but not limited to,
use of the account by any person who uses your member information,
with or without authorization.
USAGE RULES:
The Site and its contents are intended for your personal,
noncommercial use only.
The Site contains may contain material that is protected by state,
national and international copyright, trademark and other intellectual
property laws. You may not reproduce, duplicate, copy, sell, resell or
otherwise exploit for any commercial purposes, any portion of,
including code and software, or access to the Site. This Site is
protected as a collective work pursuant to U.S. copyright laws,
international conventions, and other copyright laws. You may download
material from the Site for your personal, non-commercial use only.
You may have the opportunity to post, transmit or otherwise make
available information, opinions, ideas, images or other content on the
Site. We reserve the right to remove any content posted on our site
for any reason. The decision as to whether content violates our
standards will be at our sole discretion. Without limiting our rights
hereunder, we have attempted to provide guidelines to those posting on
the Site.
You agree not to post or transmit on the Site any language or
material that is obscene, indecent, offensive, defamatory, abusive,
harassing, racist, or hateful; nor any material that gives rise to
civil or criminal liability, encourages conduct that constitutes a
criminal offense or otherwise violates any local, state, or federal
law.
You may not place on the Site any encrypted material that contains
viruses, worms, or any other harmful or disruptive component; nor any
other material that constitutes junk mail, unauthorized advertising,
or commercial offers.
You agree not to alter or tamper with any information or materials on
or associated with the Site and its associated software, hardware, or
servers.
You are responsible for ensuring that any material you provide to the
Site or post on a bulletin board or forum or elsewhere, including but
not limited to text and photographs, does not violate the copyright,
trademark or any other personal or proprietary rights of any third
party.
You may not in any way make commercial or other unauthorized use, by
publication, re-transmission, distribution, performance, caching, or
otherwise, of material obtained through the Site without written
permission from the Service Provider.
You agree not to disrupt, overwhelm, attack, modify or interfere with
the Site or its associated software, hardware and/or servers in any
way, and you agree not to impede or interfere with others' use of the
Site.
You acknowledge that Service Provider has not reviewed and does not
endorse the content of all sites linked to this Site and is not
responsible for the content or actions of any other sites linked to
from this Service. Your linking to any service or site is at your sole
risk.
SUBMISSIONS:
For information regarding use of personal information you supply or
communicate to the Service, please see our Privacy Policy. Except as
expressly provided otherwise in the Privacy Policy, you agree that by
posting messages, uploading files, inputting data, or engaging in any
other form of communication with or through the Site, you grant us a
royalty-free, worldwide, perpetual, sub-licensable (through multiple
tiers), irrevocable, transferable, non-exclusive right to use,
reproduce, modify, create derivative works from, distribute, digitally
perform, publicly perform and publicly display and otherwise exploit
in any manner any content, material and/or your name posted on the
Site (collectively, the "Material"), and/or to incorporate it in other
works in any form, media or technology now known or later developed,
for any purpose whatsoever, commercial or otherwise, and to authorize
others to do so, without compensation to or prior approval by you. By
submitting or sending Material to the Site you represent and warrant
that (1) no other party has any rights to the Material or that you
have all rights necessary to grant the rights granted hereunder, (2)
the Material is not subject to any obligation, whether of
confidentiality, attribution or otherwise, on our part and we shall
not be liable for any use or disclosure of any Material, and (3) your
provision of the Material to and through the Site, complies with all
applicable laws, rules and regulations. You further irrevocably waive
any "moral rights" or other rights with respect to attribution of
authorship or integrity of the Material that you may have under any
applicable law under any legal theory. In addition, please be aware
that information you disclose in publicly accessible portions of the
Service will be available to all users of the Service, so you should
be mindful of personal information and other content you may wish to
post.
MISCELLANEOUS:
Service Provider does not necessarily endorse, support, sanction,
encourage, verify, or agree with the comments, opinions, or statements
posted on forums, blogs or otherwise contained in the Site. Nor does
Service Provider or its third party service providers make any
warranties with respect to any of the merchandise mentioned on the
Site. Any information or material placed online, including advice and
opinions, are the views and responsibility of those who post the
statements, and do not necessarily represent the views of Service
Provider.
COPYRIGHT COMPLAINTS:
Service Provider respects the intellectual property of others, and we
ask our users to do the same. Service Provider may, in appropriate
circumstances and at its discretion, suspend or terminate the access
of and take other action against members who infringe the copyright
rights of others. If you believe in good faith that your work has been
copied and is accessible on the Site that constitutes copyright
infringement, you may notify Service Provider by providing the
following information (as required by the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 U.S.C. sec. 512):
1. A physical or electronic signature of person authorized to to
act on behalf of the owner of the copyright interest;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the alleged infringing material and
information of where the alleged infringing material is located;
4. Information reasonably sufficient to permit 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.
Please contact:
Kevin Gasparro
Fleming's Prime Steakhouse & Wine Bar
1300 Dove Street
Suite 105
Newport Beach, CA 92660
Phone 1-949-222-2223
Fax: 1-949-222-0313
Email: customerservice@flemingssteakhouse.com
MATERIALS POSTED BY OTHERS:
You agree that Service Provider and its third party service providers
are not responsible, and shall have no liability to you, with respect
to any information or materials posted by others, including
defamatory, offensive or illicit material, even material that violates
this Agreement.
INDEMNIFICATION:
You agree to indemnify Service Provider and its affiliates and any
third-party service providers, and each of their respective directors,
officers, employees, and agents, employees, agents, and to defend and
hold each of them harmless, from any and all claims, demands, and
damages (actual and consequential) and liabilities (including
attorneys fees) which may arise from your submissions, from your
unauthorized use of material obtained through the Site.
EDITING AND DELETIONS:
Service Provider reserves the right, to review, edit, or delete any
material provided for display or placed on the Site, in its sole
discretion, without notice.
LINKING TO OUR SITE:
If you are interested in linking to our Site from your site, please
e-mail your request, which we may approve or deny in our sole
discretion, to customerservice@flemingssteakhouse.com
ADDITIONAL RULES:
Service Provider reserves the right to post, from time to time,
additional rules of usage that apply to specific parts of the Site.
Such additional rules will be posted in the relevant parts of the
Site, and will be identified. Your continued use of the Site
constitutes your agreement to comply with these additional rules.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SERVICE AT YOUR OWN
RISK. THE SITE AND ANY RELATED SERVICES ARE PROVIDED "AS IS", AND THE
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS
HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY,
TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION,
WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT
LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED
THEREIN OR PROVIDED BY THE SERVICE. SERVICE PROVIDER, ITS AFFILIATES,
AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT
ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO
FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR
THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
YOU SPECIFICALLY ACKNOWLEDGE THAT FLEMING'S PRIME STEAKHOUSE & WINE
BAR, AND OSI RESTAURANT PARTNERS LLC, ITS SUBSIDIARIES, AFFILIATES,
SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND
THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT
BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR
INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT
OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF
THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Site
must be filed within one (1) year after such claim or cause of action
arose or be forever barred. If any provision of these Terms of Use is
found to be unenforceable for any reason, than that provision shall be
deemed severable from these Terms of Use and shall not affect the
validity and enforceability of any remaining provisions.
TERMINATION OF ACCESS TO THE SITE:
The Service Provider has the right to terminate and/or limit the
Site's availability, in whole or in part, to any person, geographic
area or jurisdiction, at any time, for any or no reason, without
notice.
JURISDICTION:
Service Provider makes no representation that materials on the
Service are appropriate, available or legal in any particular
location. Those who choose to access the Service do so on their own
initiative and are responsible for compliance with local laws, if and
to the extent local laws are applicable. Information or Complaints
Under California Civil Code Section 1789.3, California users are
entitled to the following consumer rights notice: If you have a
question or complaint regarding the Site, please send an e-mail to
customerservice@flemingssteakhouse.com. You may also contact us by
calling us at 1-949-222-2223. California residents may reach the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs by mail at 1625 North Market
Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or
(800) 952-5210.
If you don't agree to the terms contained in this Agreement, please
exit the Service.
Click the Back button on your browser to return to the previous page.