Welcome to MargaritaJones.com, a corporate website for Margarita Jones Restaurants and Nightclubs, that also functions as an online community that connects people through networks of friends for communicating, sharing and making new friends. The MargaritaJones.com service is operated by Margarita Jones, Inc. ("we," "us," or "Margarita Jones"). By using the Margarita Jones website (the "Website") you agree to be bound by these Terms of Service (this "Agreement"). In addition, if you are an individual who wishes to become a Margarita Jones Member (a "Member"), communicate with other Members and make use of the Margarita Jones service (the "Service"), you must read this Agreement and indicate your acceptance of its terms by following the instructions on the "Sign Up" page and checking the box labeled "I agree to Margarita Jones's terms of service."
Eligibility. You must be sixteen or over to use the Website, register as a Member or create a Fan Profile. Use of the Website and membership in the Service are void where prohibited. By agreeing to these terms or by using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time for any reason by following the instructions on the Cancel Account page in Account Settings. We may terminate your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect. See Section 16 below for a list of the provisions of this Agreement that will survive the termination of your membership.
Other Agreements. Please note that, if you sign up for one or more features of the Service that are provided by third parties, such as Margarita Jones Photo Gallery, one of the services featured on the Margarita Jones Member Profiles, or any of the widgets and applications that may be listed or marketed on MargaritaJones.com (collectively, "Third Party Features"), then you may be required to agree to terms of service with those third parties as well. Any such terms of service are different from and in addition to this Agreement.
Non Commercial Use by Members. The Service and the Website are for the personal use of individual Members only. Organizations, companies and/or businesses, including third party companies or developers posting or otherwise making Third Party Materials available on or via the Website (other than Member Entities that have registered Fan Profiles) may not become Members and should not use the Service or the Website for any purpose. No Member may copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by Margarita Jones or other Members for the purpose of selling, engaging in, marketing or promoting any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames, email addresses or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Website or any other use not expressly permitted in this Agreement, will be investigated and appropriate legal action will be taken, including, without limitation, civil, criminal and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company or business access to your Margarita Jones profile or other content uploaded on the Website for the purpose of extracting such information or other content.
Proprietary Rights in Content.
Rights in Content Posted by Margarita Jones or Other Members. We own and retain all proprietary rights in the Website and the Service. The Website contains certain copyrighted material, including links and compilations of individual data, trademarks and service marks and other proprietary information of Margarita Jones, our Members and our licensors. Except for any information which is in the public domain, you may not use, copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary materials or information without our express written consent in each case.
Rights in Content Posted by You. By publishing, displaying or uploading (collectively, "Posting") any text, links, photos, video, messages or other data or information (collectively, "Content") on or to the Website (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to Margarita Jones an irrevocable, perpetual, nonexclusive, fully-paid and worldwide license to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorize sublicenses of the foregoing.
Content Posted by You to the Service and the Website.
Profile Information. PLEASE NOTE: The Service includes an option which allows Members to determine who may view their full profile. These levels are: "Friends," "Friends of Friends" and "Anyone." If you are an individual Member and you choose to allow your Margarita Jones profile to be viewed by "Anyone," you should be aware that anyone who accesses the Website, whether or not they are a Member, will be allowed to view all the information in your profile. In addition, the Service includes an option which allows individual Members to include their last names in their Margarita Jones profiles. If you choose this option, your last name will be included in both your normal Margarita Jones profile as well as your "public profile" (which is described in subsection (b) below). Your public profile will be available to anyone, regardless of the level of access you have chosen for your full Margarita Jones profile. WHEN CHOOSING THESE OPTIONS, PLEASE CONSIDER CAREFULLY THE LEVEL OF ACCESS YOU WISH TO ALLOW TO YOUR MARGARITA JONES PROFILE AS WELL AS WHETHER YOU WANT YOUR FULL NAME TO BE AVAILABLE TO THE GENERAL PUBLIC. For more information about the various levels of sharing of your Margarita Jones profile and your last name, you may go to your user panel by logging in and editing the info you want to change.
Public Profile Information. Regardless of what personal information a you choose to include in your Margarita Jones profile or what level of sharing of your profile you choose, certain information about every Margarita Jones Member will be included in that Member's "public profile." A Member's public profile is an abbreviated version of that Member's regular Margarita Jones profile, containing the information listed below, which will be available to any user of the Website, as well as to the general public through, for instance, search engines like Yahoo! or Google. Each individual Member's public profile includes the following information about that Member:
- Name (first, or first and last, depending on which option the Member chooses)
- Marital Status (or the Member's other response to this category of the Margarita Jones profile)
- People the Member is interested in meeting (e.g., "Dating Men," "Dating Women," "Friends," etc.)
- Astrological sign
- "Member Since" date
- The URL of the Member's Margarita Jones profile
Removal of Content. You understand and agree that we may review and delete any Content that you include in your profile or otherwise Post on any area of the Website (which may include deleting your entire profile) that we, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal or (3) might violate the rights of, harm or threaten the safety of any other Member.
Member Identities. Your profile must describe you, an individual person. Examples of inappropriate profiles include but are not limited to profiles that purport to represent an animal, place, inanimate object, fictional character or real individual who is not you.
Member Responsibility for Content. You are solely responsible for the Content that you Post on the Website or the Service or transmit to other Members.
Prohibited Content.Below is a partial list of the kind of Content that is illegal or prohibited on the Website. Posting of any of this Content by you may result, in our sole discretion, in termination of your membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including, without limitation, removing the offending communication from the Website and reporting such violator to the appropriate legal authorities. Prohibited Content includes but is not limited to Content that, in our sole judgment:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters," "spam" or any other unsolicited mass mailing, emailing or other communication;
- includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive or (3) is threatening, obscene, defamatory or libelous;
- constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images or video or links to pirated music, image or video files or (4) Content which otherwise violates the terms of Section 8 below;
- displays pornographic or sexually explicit material of any kind;
- includes material that exploits people under the age of 18 in a sexual or violent manner or is intended to solicit personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
- solicits passwords or personally-identifying information for commercial or unlawful purposes from other Members;
- constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter or advertising; or
- solicits people you do not know to add you or accept you as a friend on the Service, excluding any Content posted by a Member Entity on its registered Fan Profile.
Even though all of the above Content is strictly prohibited, there is a small chance that you may become exposed to such items while using the Website or the Service. If so, neither we nor any of our officers, directors, employees, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure. Please see Sections 11 and 12 below for further limitations on our liability.
Further Restrictions on Your Use of the Website and the Service.
- You must use the Website and the Service in a manner consistent with any and all applicable laws and regulations.
- You may not include in your Member profile any telephone numbers, street addresses or email addresses.
- Although Margarita Jones cannot monitor the conduct of its Members off the Website, it is a violation of this Agreement to use any information obtained from the Service or the Website in order to harass, abuse or harm another person or in order to contact, advertise to, solicit or sell to any Member without the prior explicit consent of such Member and Margarita Jones. To protect our Members from such conduct, we reserve the right, in Margarita Jonesís sole discretion at any time, to restrict the number of emails or other communications that a Member may send to other Members.
Copyright Protection Policy. You may not Post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and Posted on the Website without your permission or in any other way that constitutes copyright infringement, please contact us.
Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including termination of the membership of one or more Members.
- We are not responsible for any incorrect or inaccurate Content Posted on the Website or in connection with the Service, whether made or caused by users of the Website, Members, our advertisers or corporate partners or by any of the equipment or programming associated with or utilized in the operation of the Website or the Service.
- WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
- We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website or otherwise in any way in connection with the Service. The Website and the Service are provided "AS IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or the Service. No advice or information, whether oral or written, obtained by you from us or from or through the Website or the Service shall create any warranty not expressly stated herein.
Limitation on Liability. Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages.
Disputes. If there is any dispute between you and us about or involving the Website or the Service, by using the Website or the Service, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction under and venue in the state and federal courts located in San Francisco, California for the resolution of any such dispute.
Indemnity. You agree to indemnify and hold Margarita Jones and its subsidiaries, affiliates, officers, agents, employees and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Website or the Service (including the Posting by you of any Content on the Website) in violation of this Agreement, (b) any other breach of this Agreement by you or (c) any breach of your representations and warranties set forth above.
No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.
Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: Section 2 (Term), Section 5 (Proprietary Rights in Content), Section 10 (Member Disputes), Section 11 (Disclaimers), Section 12 (Limitation on Liability), Section 13 (Disputes), Section 14 (Indemnity), Section 16 (Survival) and Section 17 (Other).
Please contact us with any questions regarding this Agreement.
Margarita Jones is a service mark of Margarita Jones, Inc.