Website Terms of Use
Last Revised March 1, 2024
These Terms of Use (“Agreement”) govern your access to and use of the website at www.INFINITEHOSPITALITY.co and affiliated sites and portals (collectively, the “Site”) provided by Infinite Hospitality, LLC (“Infinite Hospitality,” “we,” or “us”) or its affiliates.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT OR YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT ACCESS OR USE THE SITE. IF YOU ARE ACCESSING OR USING THE SITE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE “YOU” OR “YOUR” WILL REFER TO BOTH YOU AND SUCH ENTITY.
Infinite Hospitality and its affiliates offer restaurant, catering, bar and associated services (“IH Services”). Certain features of the Site may be subject to additional guidelines, terms or rules (collectively, “Additional Terms”), which we will post on the Site. Additional Terms and the Infinite Hospitality Privacy Policy at www.INFINITEHOSPITALITY.co/privacy-policy (“Privacy Policy”) are incorporated by reference into this Agreement.
User Accounts. To access certain features of the Site, you may be required create a user account (“Account”) by providing us with information such as your full name, a valid email address and a password. Certain functionality of the Site or IH Services may require additional information. You agree to promptly update all Account information to keep it accurate and complete. You are responsible for all activities that occur under your Account username and password; we encourage you to select a strong password and to keep it confidential. You agree to notify us immediately of any unauthorized use of your username or password or if you believe your password is no longer confidential. We reserve the right to require you to alter your username or password if we believe your Account is no longer secure or as part of regular maintenance and upgrades to the Site. Infinite Hospitality is not liable for any loss or damages caused by your failure to maintain the confidentiality of your Account information. You agree not to (a) provide any false information as part of your Account information; (b) create an Account for anyone other than yourself (except for those instances when you create the Account on behalf of an entity you are authorized to represent and bind to this Agreement); (c) create or use more than one Account; (d) transfer your Account to anyone else; (e) permit others to use your Account; or (f) use or access other persons’ Accounts.
User Content. Infinite Hospitality may enable you to post, upload, store or display photos, images, video, data, text and other information and content (“User Content”) to the Site.
License. By posting or submitting User Content on the Site, you grant Infinite Hospitality an irrevocable, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit and otherwise use the User Content in any manner and for any purpose associated with providing Infinite Hospitality’s IH Services and to improve the administration of Infinite Hospitality’s business. You represent and warrant that (a) you have the right to grant the foregoing license and to post and submit the User Content; and (b) the User Content is original and does not infringe, misappropriate or violate any third party rights (including patent, copyright, trademark, trade secret, moral rights or other intellectual property rights). You are solely responsible for and assume all risk associated with your User Content.
User Guidelines. You represent, warrant and agree to the following in connection with your access to and use of the Site:
You will comply with all applicable laws, including privacy laws and intellectual property laws;
You will not post inappropriate, inaccurate or objectionable content to the Site;
You will not use the Site to bully, harass or advocate harassment of another user or person;
You will not solicit or collect information of other Site users including, without limitation, unsolicited communications;
You will not solicit from other Site users passwords or personally identifiable information of any kind for commercial or unlawful purposes or engage in commercial activities and/or sales, contests, sweepstakes, barter, advertising and pyramid schemes;
You will not post content that contains “junk mail” or “chain letters”;
You will not post content that is obscene or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
You will not post or upload any virus, time bomb, worm, corrupted file or other software routine capable of disrupting, disabling or harming the operation of or providing unauthorized access to, the Site;
You will not use the Site to do or promote anything that is unlawful, illegal, misleading, defamatory or libelous, which may expose us or our users to any harm or liability of any type;
You will not promote or upload or post anything that contains, an illegal and/or unauthorized copy of another person’s copyrighted work (whether marked as such or not); and
You will not use the Site in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the IH Services.
If you violate any guideline listed above, any other user guidelines posted on the Site or any term of this Agreement, Infinite Hospitality may, in its sole discretion, alter, remove or refuse to display your User Content and may forbid you from posting, uploading, sharing or displaying your User Content to the Site. If we believe User Content may create liability for us or third parties, Infinite Hospitality reserves the right (but is not obligated) to investigate and take appropriate legal action in its sole discretion, including removing User Content, notifying the appropriate authorities regarding the source of such content, barring you from accessing the Site, and terminating your Account.
Proprietary Rights.
Use of the Service. Content on our Site may include photos, images, graphics, video, audio, data, text, music, comments, software, works of authorship of any kind and other information, content or other materials posted or otherwise made available (“Site Content”). Subject to this Agreement, Infinite Hospitality grants you during the term of this Agreement a limited, non-exclusive, non-transferable, revocable license to access and use the Site and download any Site Content made available for download through the Site, in each case solely for (i) your personal, non-commercial purposes, if you are an individual or (ii) your internal business purposes, if you are a company or other legal entity. You will not (a) rent, lease, loan, sell, license or transfer any aspect of the Site or Site Content to any third party; (b) interfere with, disrupt, alter, translate or modify the Site, Site Content or any part thereof or create an undue burden on the Site or the networks or services connected to the site; (c) reverse engineer, decompile, disassemble or reverse compile the Site or Site Content; or (d) introduce software or automated agents or scripts to the Site to produce multiple Accounts, generate automated searches, requests and queries or strip, scrape or mine data from the Site.
Ownership. Our Site Content and its underlying technology are protected by copyright, trademark, patent, intellectual property and other laws of the United States and foreign countries. Infinite Hospitality and its suppliers own the Site, all Site Content and all intellectual property rights related to the foregoing. Any unauthorized reproduction, modification, distribution, transmission, display or performance of any portion of the Site or the Site Content is strictly prohibited. Infinite Hospitality and its suppliers reserve all rights not expressly granted under this Agreement. There are no implied licenses in this Agreement.
Feedback. Infinite Hospitality will treat any suggestions, ideas or feedback you provide as non-confidential and non-proprietary. If you submit any suggestions, ideas or feedback to us, you agree that we can use, disclose, reproduce, distribute and exploit them with no restriction or compensation to you. You grant Infinite Hospitality an irrevocable license and right to use any suggestions, ideas or feedback you provide in any manner and for any purpose.
Third Party Websites and Services. Our Site may contain links to Internet sites and services maintained by third parties (“Third Party Sites”). These links are provided for reference purposes only. We do not control, operate or endorse information, products or services on such Third Party Sites and are not responsible for such information, products or services. Many Third Party Sites and services have their own terms of use and privacy policies that differ from ours. You are responsible for reading and understanding the terms and privacy policy that applies to your use of any Third Party Site. This Agreement and the associated Privacy Policy incorporated by reference only apply to our Site and do not apply to any other site or service. You agree to take sole responsibility and assume all risk arising from your interaction with or use of any Third Party Site.
Availability and Modification of Site. Infinite Hospitality reserves the right, from time to time, to suspend, modify or discontinue the Site, in whole or in part, with or without notice. You agree that Infinite Hospitality will not be liable to you or to any third party for any modification, discontinuance or suspension of the Site, in whole or in part.
Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or maintain an Account. You may terminate your Account at any time and for any reason through the appropriate account management page on the Site, if available or by sending an email to info@INFINITEHOSPITALITY.co. Infinite Hospitality has the right to terminate, suspend or deactivate your Account, immediately effective upon sending notice to you at the email address you provide in your Account. Upon any such termination, suspension or deactivation, we may delete or remove your User Content and other information related to your Account. You agree that we will have no liability to you for any costs, expenses, losses, damages or liabilities arising out of or relating to our termination of your Account, your access to and use of the Site and Site Content or this Agreement. Even after this Agreement is terminated, these provisions of this Agreement will remain in effect: Sections 2(a), 3-4, 7-10, 13-14.
Warranty Disclaimer. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, INFINITE HOSPITALITY PROVIDES IH SERVICES, THE SITE AND SITE CONTENT "AS-IS" AND “AS AVAILABLE” AND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT. Infinite Hospitality makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of THE IH Services or the Site Content. INFINITE HOSPITALITY MAKES NO WARRANTY THAT THE SITE OR SITE CONTENT WILL BE UNINTERRUPTED, FREE FROM VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE or ERROR-FREE. INFINITE HOSPITALITY DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED ON THE SITE.
Limitation of Liability. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, (A) INFINITE HOSPITALITY, ITS SUPPLIERS OR LICENSORS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE IH SERVICES OR SITE, WILL NOT BE LIABLE FOR ANY LOSS OF USE, LOST PROFITS OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THE SITE, SITE CONTENT OR THIS AGREEMENT, EVEN IF INFINITE HOSPITALITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) INFINITE HOSPITALITY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SITE, SITE CONTENT AND THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS (U.S. $50.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL INFINITE HOSPITALITY’S SUPPLIERS HAVE ANY LIABILITY UNDER OR RESULTING FROM THIS AGREEMENT.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND INFINITE HOSPITALITY.
User Indemnification. You agree to indemnify and hold Infinite Hospitality, its parent, subsidiaries, affiliates, owners, partners, managers, directors, officers, agents, licensors, contractors and employees harmless from any loss, liability, claim, demand, costs or expenses, including reasonable attorneys’ fees, arising out of or relating to your (a) User Content; (b) use of the Site and IH Services; (c) breach of this Agreement; (d) breach or inaccuracy of any representation or warranty made under this Agreement; or (e) violation of applicable laws or any right of third parties. We reserve the right to assume control of the defense of any third-party claim subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
User Disputes and Release. You are solely responsible for your interactions with other Site users. Infinite Hospitality reserves the right, but has no obligation, to monitor or take any action it deems appropriate regarding disputes between you and other Site users. To the extent permitted under applicable laws, you hereby release Infinite Hospitality from any claims or liability related to (a) any content posted on the Site by you or other users; or (b) the conduct, whether online or offline, of any other user.
Copyright Policy. You may not post, distribute or reproduce any Infinite Hospitality copyrighted material, trademarks or other proprietary information unless you have the right; i.e., an explicit written license, to do so. It is Infinite Hospitality’s policy to, in its sole discretion, disable and/or terminate the Account of any users who infringes copyright or other intellectual property rights of Infinite Hospitality or third parties. If you are a copyright owner or are authorized to act under any exclusive right under copyright and you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please follow the requirements for notifications under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. At a minimum, you must provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized on behalf of the owner of the copyright interest;
a description of the copyrighted work you claim has been infringed;
an identification of the location on the Site of the material you claim is infringing;
your address, telephone number and email address;
a written statement by you that you have a good faith belief the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Infinite Hospitality’s Copyright Agent for notice of claims of copyright infringement can be reached by writing:
Infinite Hospitality Holdings, LLC
ATTN: General Counsel
9 West 57th St., 47th Floor
New York, NY 10019
Email address: info@INFINITEHOSPITALITY.co
Electronic Communications. The communications between you and Infinite Hospitality use electronic means, whether you use the Site or send us emails or whether Infinite Hospitality posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Infinite Hospitality in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that Infinite Hospitality provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Governing Law; Arbitration. This Agreement and any claim, dispute or controversy relating to this Agreement, will be governed by the laws of New York, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this Agreement must be brought in a federal or state court in New York County, New York and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding, except that (i) a party bringing an action may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; and (ii) Infinite Hospitality may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.
General. The parties are independent contractors. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. All waivers by Infinite Hospitality will be effective only if in writing. Any waiver or failure by Infinite Hospitality to enforce any provision on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You acknowledge that the Site and Site Content contains valuable trade secrets and proprietary information of Infinite Hospitality, that any actual or threatened breach of Section 3(b) (Ownership) of this Agreement will constitute immediate, irreparable harm to Infinite Hospitality for which monetary damages would be an inadequate remedy and that injunctive relief is an appropriate remedy for such breach. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. “Includes” and “including” are not limiting. This Agreement, any Additional Terms and the Privacy Policy constitute the final, complete and exclusive agreement between the parties regarding the subject hereof and supersede all prior or contemporaneous agreements, understandings and communication, whether written or oral. In the event of a conflict or inconsistency between this Agreement and any Additional Term, this Agreement will take precedence and govern.
Changes. We may amend this Agreement or the Privacy Policy from time to time. If we make material changes to the Agreement or the Privacy Policy, we will notify you by posting the change on the Site or sending you an email at your primary email address as specified in your Account information. Any changes to this Agreement or the Privacy Policy will be effective immediately for new users of our Site; otherwise, these changes will be effective either thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of a notice on our Site, whichever is earlier. You are responsible at all times for updating your Account to provide to us your most current email address. If the last email address you provided to us is not valid or is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Site Content following notice of such changes shall indicate your acknowledgment of and agreement to be bound by, such changes. Except as otherwise provided in this Section, no amendment to this Agreement or Privacy Policy will be valid unless in a writing hand or electronically-signed by the parties.