TERMS & CONDITIONS
A legal disclaimer
By accessing the T-GOOTHE website or any other Service (as defined in our Terms of Use below), you hereby consent to adhere to the following Terms and Conditions.
Greetings! You have reached our U.S. website at WWW.TGOOTHE.COM, and/or are otherwise engaging with our Service (as defined below), which is owned and operated by T-GOOTHE LLC or our affiliates (collectively referred to as "we," "our," or "us"). These Terms govern your utilization of any online service location (for instance, a website or mobile application) that provides a link to these Terms (each referred to as a "Site," except when we specifically mention our mobile applications, in which case it is referred to as an "App") (including both mobile and online versions). This also pertains to your use of all features, widgets, plug-ins, applications, content, downloads, and/or other services that (i) we own and control and make available through a Site, and/or (ii) that provide a link to these Terms (collectively, along with the Sites and Apps, referred to as the "Service"), irrespective of how you access or utilize it, whether through a computer, mobile device, or otherwise.
By utilizing the Service, you hereby acknowledge and accept the Privacy Notice of the Service, which can be found at WWW.TGOOTHE.COM. You also consent to the collection and utilization of your data as outlined in the Privacy Notice. Furthermore, you agree that T-GOOTHE may modify, alter, or change the settings or configurations on your Device (as defined below) to facilitate or enhance your experience with the Service.
In certain situations, both these Terms and additional guidelines, rules, or terms of use or sale that present further or differing terms and/or conditions will govern your use of the Service or any service or product provided through the Service (hereinafter referred to collectively as "Additional Terms"), including, but not limited to, the use of WWW.TGOOTHE.COM. In the event of any conflict between these Terms and any Additional Terms, the Additional Terms shall prevail unless explicitly stated otherwise. Users accessing our Canadian Service are entitled to distinct rights and terms as detailed in Section I (Rights/Responsibilities), Subsection G below.
Each time you access and/or utilize the Service (excluding merely reading these Terms), you agree to be bound by and adhere to these Terms and any relevant Additional Terms that are posted at that time (subject to Section IV (Standard Terms), Subsection A below). Therefore, refrain from using the Service if you do not consent to these terms. The operational realities associated with the Service necessitate that, without the stipulations outlined in these Terms (in accordance with applicable law) – including your grants and waivers of rights, limitations on our liability, your indemnification of us, and the arbitration of certain disputes (along with waivers of class action and jury trials) – we would not be able to provide the Service to you.
RIGHTS AND RESPONSIBILITIES TERMS
SERVICE CONTENT, OWNERSHIP, LIMITED LICENSE, AND RIGHTS OF OTHERS
Limited Usage License.
All content available on the Service (which includes text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, along with the selection and arrangement of these elements) ("Content") is the sole property of, and owned by, its licensors or content providers, and is safeguarded by copyright, trademark, and other relevant laws. Subject to your strict adherence to these Terms and the Additional Terms, TGOOTHE grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download and copy (for temporary storage only), display, view, utilize, and play the Content on a personal computer, mobile phone, or other wireless device, or any other Internet-enabled device (each referred to as a "Device"), and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is presented to you, solely for your personal, non-commercial use, provided that you do not alter or remove any copyright, trademark, or other proprietary notices that appear on the materials you access, copy, download, or print. Any other utilization of Content on the Service, including but not limited to modification, distribution, transmission, performance, broadcasting, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products, or services acquired from the Service, or using the Service for purposes that compete with TGOOTHE, is expressly forbidden without prior written consent from TGOOTHE. You agree to comply with all additional restrictions displayed on the Service, which may be updated periodically. TGOOTHE does not establish a confidential, fiduciary, or any other special relationship by virtue of your use of the Service or your communications with us through or related to the Service. TGOOTHE, or its licensors.
You, or any third parties acting on your behalf, are prohibited from utilizing our name, logo, and proprietary marks (collectively referred to as "Trademarks") in any manner that may dilute or disparage them, imply an endorsement, or constitute a trademark use. Our Trademarks encompass, but are not limited to, Red Lobster®, Cheddar Bay Biscuits®, Lobsterfest®, Endless Shrimp®, and Sea Food Differently®. You are not permitted to employ frames or any framing techniques or technologies to enclose any Content available on the Service without obtaining Red Lobster’s explicit written consent. Additionally, you may not use any of our Trademarks or Content in meta tags or any other "hidden text" techniques or technologies without Red Lobster’s explicit written consent. The Service, along with all its content—including but not limited to text, design, graphics, interfaces, and code, as well as the selection and arrangement of these elements—is safeguarded as a compilation under the copyright laws of the United States and other jurisdictions. Any unauthorized use of any Content or the Service for any purpose is strictly forbidden.
In utilizing the Service, it is imperative that you honor the intellectual property and other rights held by Red Lobster and third parties. Your unauthorized utilization of Content may infringe upon copyright, trademark, privacy, publicity, communications, and various other legal statutes, which could lead to your personal liability, including the possibility of criminal charges. Red Lobster is committed to respecting the intellectual property rights of others. Should you believe that your work has been infringed upon through an improper posting or distribution via the Service, please refer to Section III (Infringement/Disputes), Subsection A below.
The trademarks, logos, and service marks that are presented on the Service are either registered or unregistered trademarks belonging to TGOOTHE, its licensors, suppliers, or other third parties. Each of these trademarks, logos, and service marks is owned by its respective proprietor. No part of the Service should be interpreted as conferring, by implication, estoppel, or any other means, a license or right to utilize any trademark, logo, or service mark exhibited on the Service without obtaining prior written consent from the owner, unless otherwise specified herein. All rights not explicitly granted to you are retained by TGOOTHE, its licensors, and other third parties.
TGOOTHE may presently or in the future provide users of the Service with the chance to create, construct, post, upload, exhibit, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or in response to our pages or posts on any third-party platforms or in relation to any of our promotions by any means or manner, or otherwise submit to us (for instance, on our Facebook or other social media pages, in response to our tweets, through a Red Lobster sweepstakes or contest, or via mail) (collectively referred to as "submit") messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding any Content or other TGOOTHE materials included therein, referred to as "User-Generated Content"). You acknowledge your responsibility for any User-Generated Content you may submit, including its legality, reliability, appropriateness, originality, and copyright of any such material. You are prohibited from submitting 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, advertising or promotion of your or third parties’ products or services, or any form of "spam." You may not submit a false email address or other identifying information, impersonate any person or entity, or otherwise mislead regarding the origin of any content. Additionally, you may not submit commercial content.
Should you choose to submit User-Generated Content, and unless otherwise specified, you retain ownership of your User-Generated Content. However, to the extent allowed by applicable law, you grant TGOOTHE an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to utilize, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material globally in any media and by all means, whether currently known or developed in the future, in connection with the specific promotion, if any, for which the User-Generated Content was submitted or otherwise. Without limitation, the rights granted include the ability to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in a searchable format, and remove such User-Generated Content, as well as combine it with other materials, and (b) utilize any ideas, concepts, know-how, or techniques contained within any User-Generated Content for any purpose, including the development, production, and marketing of products and/or services. You acknowledge that in exercising these rights, metadata, notices, and content may be removed or altered, including copyright management information, and you consent to this, representing and warranting that you possess all necessary authority to do so. To further effectuate the rights and license granted to TGOOTHE regarding your User-Generated Content, to the extent permitted by applicable law, you also hereby grant TGOOTHE, and agree to grant TGOOTHE, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or compensation to you.
Except where prohibited by law, you hereby waive, and you consent to waive, any moral rights (including those of attribution and integrity) that you may possess in any User-Generated Content, even if it is modified or altered in a way that you do not find acceptable. To the extent that such rights cannot be waived, you irrevocably agree not to assert such rights (if any) in a manner that would obstruct the exercise of the rights granted herein. You acknowledge that you will not receive any fees, payments, compensation, or remuneration for any of the rights conferred in this Section.
You acknowledge that you shall not:
apart from your acquisition of goods or services provided for sale by TGOOTHE, utilize the Service for any political or commercial objectives (including, but not limited to, advertising, fundraising, price collection, and product sales);
utilize contact details provided on the Service for unauthorized purposes, including marketing;
participate in any activities through or in association with the Service that aim to or do harm to any individuals or entities, or that are unlawful, offensive, obscene, lewd, lascivious, discriminatory, filthy, violent, threatening, harassing, or abusive, or that infringe upon any rights of third parties, or are otherwise deemed objectionable by TGOOTHE;
to the fullest extent allowed by applicable law, reverse engineer, decompile, disassemble, reverse assemble, or modify any source or object code of the Service or any software or other products, services, or processes accessible through any part of the Service, or alter transmission data;
engage in any actions that disrupt a user’s access to the Service or the proper functioning of the Service, or otherwise inflict harm upon the Service, TGOOTHE, or other users of the Service;
interfere with or bypass any security measures of the Service or any feature that imposes or enforces limitations on the use of or access to the Service, the Content, or User-Generated Content;
collect or otherwise harvest or store any information (including personally identifiable information about other users of the Service, such as email addresses, without the explicit consent of such users in accordance with applicable laws);
attempt to obtain unauthorized access to the Service, other computer systems, or networks connected to the Service, through password mining or any other methods;