TERMS & CONDITIONS OF USE

ACCEPTANCE OF TERMS AND CONDITIONS OF USE

By use of this website (the “Site”) of White Castle Management Co. (“White Castle”), you accept and agree, without limitation or qualification, to all of the terms, conditions and notices contained or referenced in this Site (the “Terms and Conditions”). Please read the terms carefully before using the Site. If you do not agree to these Terms and Conditions, you may not use this Site. White Castle reserves the right to update or revise these Terms and Conditions. The Terms and Conditions are effective from the time they are posted on the Site. Your continued use of this Site, following the posting of any changes to the Terms and Conditions, constitutes acceptance of those changes.

This Site is offered and available to users who are 13 years of age or older and legally reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with White Castle and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Site in any way that violates any applicable federal, state, local or international law or regulation, to impersonate or attempt to impersonate White Castle, a White Castle employee, another user or any other person or entity, to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. Additionally, you agree not to use the Site in any manner that could impair or interfere with the Site or its operation.

COPYRIGHT

The content of this Site, including but not limited to all text, software, graphics, images and designs, is protected by copyright. These Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing of those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

You must not:

  • Modify copies of any materials from this Site.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. You may not copy, distribute or create derivative works from any part of this Site without the prior written consent of White Castle or the appropriate copyright owner, unless expressly permitted by the Site. Except as may be expressly set forth in the Site, no license is granted to you, and no rights are conveyed by virtue of accessing or using the Site. All rights not granted herein are reserved by White Castle.

TRADEMARKS

WHITE CASTLE® is a registered trademark of White Castle. Other names, logos, designs, titles, words or phrases within this Site, including but not limited to SLYDERS®, WHAT YOU CRAVE® and BUY ’EM BY THE SACK® are trademarks, service marks or tradenames of White Castle, and they may not be used without the prior written permission of White Castle. White Castle claims no interest in marks owned by other entities not affiliated with White Castle, which may appear on this Site. Except as may be expressly set forth, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted herein are reserved by White Castle.

USER CONTENT

Certain pages or functionality on the Site or elsewhere may allow you to post content (“User Contributions”) to the Site or to use the Site to send your User Contributions to others. If you choose to post or send text, photograph or video content to the Site directly or through a third party service (such as Instagram®, or YouTube®), you represent and warrant that all such User Contributions are your original work and free from material which is infringing of another’s intellectual property rights. Further, you agree, represent and warrant that all User Contributions are free from any offensive, illegal or dangerous material. If you use a third-party service in the posting of content, you necessarily agree to all terms and conditions of the third-party service. Further, through your submission, you grant White Castle a perpetual, worldwide, royalty-free license to use, alter, reproduce and publicly or privately display, broadcast, perform or distribute the User Contributions, in whole or in part, in any commercial or noncommercial manner and in any media now known or hereafter developed. You further grant White Castle the absolute right and permission to use your name, image and likeness as it may be displayed or otherwise included in association with the User Contributions, and hereby waive all rights to inspect or approve of any specific use of the User Contributions, waive all related rights of publicity, moral rights and claims based upon those rights, and release, discharge and agree to hold harmless and indemnify White Castle from any liability or claims of intellectual property infringement or right of privacy or persona violation or infringement, which may arise by virtue of such use of the User Contributions. You further warrant and represent that the User Contributions do not infringe the intellectual property rights of any third party and do not contain the name, image or likeness of any individuals without their knowledge, and consent to such use as contemplated herein. You also hereby waive any claims of trademark infringement or false endorsement for use of your name, image or likeness in connection with use of the User Contributions or any image or work derived therefrom. White Castle Las Vegas reserves the absolute right to refuse the posting or sharing of any User Contributions for any reason.

BY POSTING TEXT, PHOTOGRAPH OR VIDEO CONTENT TO THE SITE, EITHER DIRECTLY OR THROUGH A THIRD-PARTY SERVICE, YOU AGREE AND HEREBY INDEMNIFY WHITE CASTLE FROM ANY AND ALL DAMAGES WHICH MAY ARISE DUE TO YOUR FAILURE TO FULFILL AND COMPLY WITH THE WARRANTIES AND REPRESENTATIONS SET FORTH HEREIN, FROM WHITE CASTLE’S USE, ALTERATION, REPRODUCTION, SALE OR DISTRIBUTION OF THE USER CONTRIBUTIONS IN ANY COMMERCIAL OR NONCOMMERCIAL MANNER.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and in our sole discretion, we may remove or disable access to material on our websites or hosted on our systems that may be infringing or the subject of infringing activity.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Please send all claims to:

Kaila Tuvell
c/o White Castle Las Vegas
3440 W Russell Road, Las Vegas, NV 89118
Phone Number: (702) 750 – 6116
Email: MEDIA@whitecastlevegas.com

If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have 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.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions. Inquiries that do not follow this procedure may not receive a response.

CONTESTS, PROMOTIONS AND SPECIAL EVENTS

From time to time, White Castle Las Vegas will hold contests, promotions or special events for which separate terms and conditions are applicable. Such contests, promotions or special events may or may not be linked to or run through the Site. Regardless of the context in which such a contest, promotion or special event is promoted, administered or held, please review the terms and conditions and privacy statements particular to all such contests, promotions or special events, as they may differ in meaningful ways from the Terms and Conditions set forth herein.

Craver Nation
Participation in contests, promotions or special events subject to these Terms and Conditions may require potential entrants to register as a member of the White Castle Craver Nation. All persons shall, upon registering to become members of Craver Nation, be required to submit certain information, including but not limited to the following: (i) email address; (ii) profile username; (iii) zip code, (iv) birthday; (v) gender; (vi) phone number; (vii) favorite White Castle location, and (viii) date they became a Craver (when they first liked White Castle).

Craver Nation members may set their member profile to opt in to receive (i) emails regarding promotions, contests, sweepstakes and contest voting/entry sharing information specific to Craver Nation, or (ii) White Castle emails regarding promotions, contests, sweepstakes and contest voting/entry sharing information. Email addresses are not shared with any third party, and White Castle does not sell any information collected from Craver Nation members. Any Craver Nation member may unsubscribe from any email list described above at any time by selecting the unsubscribe option in an email received as a result of being included in such a list, or by editing their membership profile, and may cancel and remove their membership profile upon email request to White Castle.

Test Programs
From time-to-time White Castle Las Vegas may conduct test programs, which may have additional or different terms than those described here. Please refer to the terms for the applicable test program for more details. We reserve the right to modify or terminate any test program at any time, with or without notice.

Other Terms
We reserve the right to prevent you from participating in the Program if you engage in any fraud, unlawful activities or any other actions or contact that is inconsistent with these Terms. If we do that, you will no longer be able to redeem any benefits that you may have accrued. Moreover, we reserve the right to take legal action against you, if necessary.

NO CONFIDENTIALITY

Should you post or respond with information, feedback, data, questions, comments, suggestions, artistic or graphical content, or the like regarding the content of this Site, the content of any such response shall be deemed not to be confidential and White Castle shall be free to reproduce, use, disclose and distribute the response to others without limitation or compensation, including for use in developing, manufacturing and marketing products and services incorporating any of the ideas, concepts or techniques referred to in the response, communication or submission, provided that White Castle will always comply with its Privacy Policy posted on this Site.

LINKING; NO ENDORSEMENT

Hyperlinks to this Site are permitted only if presented in a manner which does not falsely suggest a relationship, affiliation, sponsorship or endorsement from White Castle, and which does not serve to diminish White Castle’s reputation, the value of its trademarks and service marks, or otherwise harm White Castle in any way. Any links to third party websites are not an endorsement, sponsorship or recommendation of the third parties or the third parties’ ideas, products or services. Similarly, any references in this Site to third parties and their products or services do not constitute an endorsement, sponsorship or recommendation.

NO GUARANTY OF INTERNATIONAL SERVICE OR COMPLIANCE

This Site was designed for and is operated in the United States. This Site may be viewed internationally and may refer to White Castle products, services and programs that are not available in your country or state. These references do not imply that White Castle intends to provide those products, services or programs in your country or state. You are responsible for compliance with all laws applicable to the location from which the Site is accessed and viewed.

DISCLAIMER OF WARRANTIES

THE MATERIAL IN THIS WEB SITE IS PROVIDED “AS IS,” WITHOUT ANY KIND OF WARRANTY. THE MATERIAL ON THIS WEB SITE IS NOT A WARRANTY AS TO ANY PRODUCT OR SERVICE PROVIDED BY WHITE CASTLE OR ITS SUBSIDIARIES, AFFILIATES, COMPANIES OR RELATED ENTITIES. WARRANTIES, IF ANY, ACCOMPANY THE PRODUCT OR SERVICE WHEN PURCHASED BY A CUSTOMER. WHITE CASTLE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE SITE IS AT YOUR OWN RISK.

LIMITATION OF LIABILITY

WHITE CASTLE IS NOT LIABLE FOR ANY ERRORS, DELAYS, INACCURACIES OR OMISSIONS IN THIS SITE OR ANY SITES THAT ARE LINKED TO, OR REFERRED TO BY, THIS SITE. IN NO EVENT WILL WHITE CASTLE BE LIABLE FOR ANY DAMAGES CAUSED BY, OR IN CONNECTION WITH, THE USE OF THIS SITE OR OF ANY SITE LINKED TO THIS SITE. UNDER NO CIRCUMSTANCES SHALL WHITE CASTLE BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE WHETHER BASED ON ACTIONS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WHITE CASTLE HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGE.

JURISDICTION AND VENUE

You and White Castle agree that the laws of the State of Ohio will apply to all matters arising from or relating to the use of this Site, whether for claims in contract, tort, or otherwise, without regard to conflicts of laws principles. You and White Castle also agree and hereby submit to the exclusive personal jurisdiction and venue of the Common Pleas Court of Franklin County, Ohio and the United States District Court for the Southern District of Ohio with respect to such matters.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between you and White Castle with respect to your use of this Site and supersede all prior or contemporaneous communications and proposals, whether oral, written or electronic, between you and White Castle with respect to this Site. If any provision(s) of these Terms and Conditions are held invalid or unenforceable, those provisions shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.

Copyright© 2015, White Castle Las Vegas.
 All Rights Reserved.