Last Updated: 6/1/2021
Bojangles operates Bojangles Online Services; however, many of our restaurant locations are owned and operated by independent franchisees (“Franchisees”). These terms are inapplicable to any orders placed in-person at any Franchisee restaurant location, to your experience at any such Franchisee restaurant location or with any separate websites, or services offered by a Franchisee. Each Franchisee is solely and independently responsible for its legal and regulatory compliance and any issues related the sale of products in its restaurant locations and services provided to its customers.
Bojangles’ Ownership of Intellectual Property
The Bojangles Online Services and all content and materials on the Bojangles Online Services– including without limitation, its look and feel, all photographs, text, artwork, images, page headers, button icons, digital downloads, data compilations, software, trademarks and logos, product names and descriptions, audio and visual effects, and audio and video clips – are owned by or licensed to Bojangles. You may view and use content and materials on the Bojangles Online Services only for your own personal, noncommercial use. All other rights are reserved to Bojangles and its licensors. You may not copy, upload, post, transmit, reproduce, distribute, modify, or publicly display the content and materials on the Bojangles Online Services for any commercial purpose or produce derivative works from them.
Content and Materials Posted by You and Others
By participating in any contest, promotion, or other program sponsored by Bojangles, you authorize Bojangles and the administrators of its contests, promotions, and programs to post content and materials that you provide – including without limitation photographs, text, artwork, trademarks and logos, audio and visual effects, and audio and video clips – on the Bojangles Online Services and Bojangles’ social media pages; you grant Bojangles a perpetual, royalty-free license to use such content and materials, and you acknowledge, agree, and warrant that:
The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. We reserve the right, in our sole discretion, to change reduce or remove features or functionality available in prior versions as part of the updates and/or new versions and you acknowledge our right to do the same.
In order to take advantage of certain services made available through the Bojangles Online Services, you may be required to have a valid user account. To the extent you register or create a user account for any of the Bojangles Online Services, you are responsible for maintaining the strict confidentiality of your account log-in information, and you are responsible for any activity under your account and password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Bojangles shall not be liable for any loss or damage arising form your failure to comply with these obligations.
Delivery may be available at participating Bojangles restaurant locations through select third-party delivery service providers (each, a “Delivery Platform”) identified on the Website or in the App. By placing an order through any of the Delivery Platforms, you acknowledge and agree that (i) you are placing the order with such Delivery Platform and not with Bojangles or, if such restaurant location is operated by a Franchisee, with such Franchisee; (ii) the Delivery Platform is the provider of the delivery services; (iii) Bojangles and the Franchisee (if applicable) shall have no responsibility or liability for the acts or omissions of the Delivery Platform or its personnel; and (iv) orders placed through a Delivery Platform are subject to the Delivery Provider’s terms and conditions, if any.
In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”), we have implemented a procedure for contacting us in the event you feel certain rights might be infringed by content posted on the Bojangles Online Services. If you believe in good faith that any content hosted by us infringes your copyright, provide our Registered Agent with the written information requested below.
1) A full and complete identification of the copyrighted work you claim was infringed.
2) A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material, such as a link to the infringing material.
3) Your name, address, email and telephone number.
4) Include the following statement, signed by you: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5) Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6) The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement in connection with the Bojangles Online Services should be emailed or mailed, at your choice, to our Registered Agent as follows:
Bojangles’ Restaurants, Inc.
9432 Southern Pine Blvd.
Charlotte, NC 28273
Attn: Legal Department
We will review and address notices that comply with the above requirements. We recommend that you consult your legal advisor before filing a notice or counter-notice. You may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement. If we receive a valid counter-notice, we may reinstate the disabled or removed material in accordance with the DMCA. Further DMCA details and resources are available at https://www.digitalgov.gov/resources/digital-millennium-copyright-act/.
With respect to any feedback, data, answers, questions, comments, suggestions, ideas or the like that you provide (“Feedback”) to Bojangles about or in connection with using the Bojangles Online Services or purchasing our products, you agree that: Bojangles has no obligation to consider or act upon any Feedback, the Feedback is not confidential, and Bojangles has the irrevocable and unconditional right to use, implement, modify and publish the Feedback without attribution or compensation to you.
Restrictions on Use, Disclaimers, and Liability Limits
If you use any feature of the Bojangles Online Services, you agree that:
• You will provide current and accurate information as requested for such use;
• You will not impersonate any other person;
• You will not stalk, bully, abuse, harass, threaten, or intimidate any other user of the Bojangles Online Services;
• You will not to use the Bojangles Online Services for any illegal purpose; and
• You will review and comply with notices sent by us concerning the Bojangles Online Services and its operation.
Bojangles has the right to change, discontinue, or limit access to any content, product, service, feature or functionality of the Bojangles Online Services at any time, in its sole discretion, without any liability to you.
Bojangles makes all reasonable efforts to provide accurate information on the Bojangles Online Services, but we assume no responsibility for the accuracy of the Bojangles Online Services content, including without limitation any typographical errors or omissions. To the fullest extent permitted by applicable law, YOUR USE OF THE BOJANGLES ONLINE SERVICES AND ANY OF ITS FEATURES IS AT YOUR EXCLUSIVE RISK. All material on the Bojangles Online Services is provided “as is” and does not constitute a warranty of any kind, either express or implied. Bojangles disclaims all warranties, expressed or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from any course of dealing or trade practice.
Bojangles DOES NOT WARRANT THAT USE OF THE BOJANGLES ONLINE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED. Bojangles is not liable for any direct, indirect, special, incidental, or consequential damages arising from or related to your use of the Bojangles Online Services, your inability to use the Bojangles Online Services, data loss, or any purchases through the Bojangles Online Services.
Jurisdiction and Choice of Law
Entire Agreement; Severability
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