Terms & Conditions

Posted 11/19/2009

Acceptance of Terms and Use of Site.
By use of this web site (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”). 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.

Copyright.
The content of this Site, including but not limited to all text, software, graphics, images, and designs, is protected by copyright. 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, 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 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 to the Site. If you choose to post text, photograph, or video content to the site directly or through a third party service (such as Flickr®, or YouTube®), you represent and warrant that all such content is your original work and free from material which is infringing of another’s intellectual property rights. Further, you agree, represent, and warrant that all such content is 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 to White Castle a perpetual, worldwide, royalty free license to use, alter, reproduce, and publicly or privately display, broadcast, perform, or distribute the content, 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 content and hereby waive all rights to inspect or approve of any specific use of the content, 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 Content. You further warrant and represent that the content does not infringe the intellectual property rights of any third party and does 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 or likeness in connection with use of the content or any image or work derived therefrom.
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 CONTENT 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 web sites 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”). Our
Designated Agent is:

Deborah Patton Cline
c/o White Castle Management Co.
555 West Goodale Street, Columbus, OH 43215
Phone Number: (614) 559-2577
Email: clined@whitecastle.com or lambertp@whitecastle.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 under the DMCA. Inquiries that do not follow this procedure may not receive a response.

Contests, Promotions, and Special Events.

From time to time, White Castle 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.

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 reputation, the value of its trademarks and service marks, or otherwise harm White Castle in any way. Any links to third party web sites 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.

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 USE OF THIS SITE OR USE 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 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 © 2009, White Castle Management Co.
All Rights Reserved.