Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Welcome to www.roysrestaurant.com (the “Site”). The documents, data, information and other materials [collectively the "Material(s)"] contained on the Site are provided by Roy’s Hawaiian Fusion Cuisine, a company within the Bloomin’ Brands, Inc. (“BBI”) group of brands, exclusively for non-commercial, individual use to inquire about Roy’s Hawaiian Fusion Cuisine food and related services and for no other purpose (“Authorized Users”). By using the Site, you agree to all of the Terms and Conditions of Use set forth below. Please read them carefully. If you do not wish to agree to the Terms and Conditions of Use, please refrain from using the Site.
BY USING THIS SITE IN ANY WAY OR ANY OF ITS FEATURES OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL OF THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE (THE "AGREEMENT") WITHOUT MODIFICATION. If you are not an Authorized User, and if you do not agree to the terms of this Agreement, you may not use this Site.
AGREEMENT FOR USE
You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this Site in accordance with all terms herein. You agree to be financially responsible for all of your use of this Site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate and without limitation. You agree that if ordering facilities are made available for your use through the Site, the ordering facilities shall be used only to make legitimate purchases for you or for other people for whom you are legally authorized to act. You understand that overuse or abuse of the ordering facilities of this Site may result in your being denied access to such facilities.
For any ordering or other services for which fees may be charged, you agree to abide by the terms and conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products or services. You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the Site.
This Site is for a general audience and is not designed nor intended to collect personal information from children under the age of 13. BBI does not knowingly collect personal information from anyone under the age of 13. We ask that parents supervise their children while online.
Functionality is not guaranteed with all types of mobile devices in using this Site. In addition, the connection to a mobile device will not work if your device is not configured for SSL encryption. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may apply and may be charged by your mobile carrier/service provider.
LIMITED LICENSE TO VIEW AND COPY
The content and information displayed on this Site ("Materials") is the property of BBI and/or other parties. The downloading, reproduction, or retransmission of BBI Materials, other than for non-commercial individual use, is strictly prohibited. This Site is to be used by Authorized Users for personal use only. Commercial uses of this Site are strictly prohibited. If you are currently an Authorized User, you are granted a limited, non-transferable, revocable license to view and copy the Materials solely for your personal use, subject to the restrictions below.
You agree not to: (a) copy, display, modify, reproduce or otherwise transfer any of the Materials to any third party without the prior written permission of BBI; (b) interfere with or disrupt networks connected to the Site; (c) use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site; (d) transmit files, data or other materials containing a computer virus, corrupted data, worms, "Trojan horses" or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the Site which violates any local, state, federal or international law; (f) deliver any communication to or through the Site that contains defamatory, libelous, abusive or obscene material; or (g) deliver any communication to or through the Site that will infringe upon the rights of any third party.
INTELLECTUAL PROPERTY RIGHTS
This Site and the Materials contain and reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of BBI, through its subsidiaries, and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of BBI, through its subsidiaries, and/or other parties is granted to or conferred upon you. Reproduction or storage of Materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No Materials may be reproduced, distributed, posted, displayed, uploaded or transmitted except as expressly permitted herein. You may not remove any copyright, trademark notice or proprietary notices from the Materials; or use the Materials or this Site except as permitted in this Agreement. The use of any Materials from the Site on any other Internet, intranet, Web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any BBI trademarks, logos or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Site are the copyrighted property of BBI or its subsidiaries, affiliates or a BBI licensor, as applicable. All contents of the Site are protected by United States and international copyright laws. Bloomin' Brands, Inc. is a trade name describing the subsidiary companies of Bloomin' Brands, Inc. involved in the restaurant industry in the U.S. and around the world. Bloomin' Brands, Inc., through its subsidiaries, is the franchisor/licensor of the BBI brand names and marks. Trademarks owned by a BBI company may not be used or displayed publicly without the prior written permission of the owner of the marks, except for downloaded logos and photographs as and if provided for elsewhere on the Site. Any rights not expressly granted herein are reserved.
The following are some of the service marks owned by Bloomin' Brands, Inc. or its subsidiaries or affiliates: OSI Restaurant Partners, LLC, Outback Steakhouse, Carrabba's Italian Grill, Bonefish Grill, Roy's Hawaiian Fusion Cuisine, Fleming's Prime Steakhouse & Wine Bar, Boomerang Club and Carrabba's Amici Club.
If you believe that your work has been copied and posted to our Site in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information: (1) a description of the copyrighted work that you believe has been infringed; (2) a description of the material that you claim is infringing the copyrighted work and a detailed description of where it is located on our Site; (3) your address, telephone number and email address; (4) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (5) 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 are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or person authorized to act on behalf of the owner of the copyright interest.
Please send the written notice to our Copyright Agent at the following address by mail or email:
Bloomin' Brands, Inc.
Attn: Copyright Agent/Legal Department
2202 N. West Shore Boulevard, Suite 500
Tampa, FL 33607
We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of BBI or others.
SUBMISSION OF CONTENT
Any submission to BBI is entirely voluntary, nonconfidential, gratuitous and noncommittal. You grant to BBI and its designees a perpetual, irrevocable, non-exclusive, fully paid and royalty-free license to use any ideas, photos or other materials you submit (collectively the "Content") to BBI and/or the Site without restrictions of any kind and without any payment, acknowledgement or other consideration of any kind, or permission or notification, to you or any third party. By submitting Content to the Site, you are giving BBI permission to publish such Content to any BBI-maintained material including, but not limited to: websites, email campaigns, social media pages, in-restaurant print materials, radio and television.
BBI shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that are or may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by BBI, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, BBI shall have the right, but not the obligation, to remove any material that BBI, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable, including without limitation, comments that contain the following:
Hate speech — language that degrades others on the basis of gender, race, national origin, religion, sexual orientation or disability;
Personal attacks — language that is threatening, intimidating, defamatory, libelous or encourages others to cause injury or property damage to any person;
Invasion of privacy — phone numbers, email addresses, physical addresses or other personal information;
Off-topic — opinions and arguments unrelated to the article to which the comments are attached or to the comments of other readers;
Advertising — solicitations or advertising of any kind, including comments or links that are aimed at promoting other products or services;
Copyright/plagiarism — comments that appear to violate copyright laws;
Offensive — offensive language or images, including but not limited to nudity.
This Site includes links to other websites. BBI provides such links solely as a convenience to you and for informational purposes only. BBI has not reviewed all of the information on these other websites. The inclusion of these links in no way indicates BBI's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such websites. Neither BBI nor any other providers of products or services related to this Site shall be responsible for the content of any other websites and make no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk. Other websites may include links to the Site. The inclusion of such links does not indicate the other website's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
If you have been provided with a login and password, then any such login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone else to use your login and password to access the Site. You are responsible for maintaining the confidentiality and security of your login and password and accept full responsibility for all activities that occur under your account or password. You must notify BBI immediately in the event that the security of your login or password has been breached.
THIS SITE AND ALL CONTENTS, MATERIALS, PRODUCTS AND SERVICES PROVIDED OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Further BBI does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials, nor does BBI warrant that the Site will be current, error-free or available at all times or without interruption. BBI also does not warrant that the Site or communications from BBI will be free of viruses or other harmful components. BBI may make changes to the Materials or the programs, policies or other information described in the Materials at any time without notice. BBI makes no commitment to update the Materials.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BBI BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE OR THE MATERIALS, OR THE PERFORMANCE OR NON-PERFORMANCE BY BBI, ITS SUBSIDIARIES OR AFFILIATES, OR ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY, EVEN IF BBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, EMAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
BBI reserves the right, in its sole discretion, to modify your access or terminate your access to the Site and your account, if applicable, at any time, without notice. The provisions above relating to Intellectual Property, Disclaimer of Warranties & Limitation of Liability, Indemnification & Release, and Applicable Law & Disputes will survive termination of this Agreement.
When you visit the Site or send emails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Any claim relating to this Agreement or the Materials shall by governed by the laws of the State of Florida, United States of America, exclusive of the choice of law rules thereof. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of BBI in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement. There are no third-party beneficiaries of this Agreement.
SITE POLICIES AND MODIFICATION
OUR CONTACT INFORMATION:
Bloomin' Brands, Inc.
2202 N. West Shore Boulevard, Suite 500
Tampa, FL 33607
We want you to know upfront that we provide you an "opt-out" option for some personal information collection — please see "What Choices Do You Have About Your Information?"
WHAT INFORMATION DO WE COLLECT?
We collect information about you in a number of ways, including when you register for an account on our website, open a loyalty program account, purchase Gift Cards, or make purchases in our restaurants, online dining reservations and online food orders, as well as when you use our website and mobile applications, Facebook page, Twitter account, YouTube or other social media and online platforms. The following are examples of information we may collect from you:
Name, address, home and mobile phone number, email address, username and password, gender, anniversary and birthday;
Credit card number, debit card number and other payment card data for the purpose of processing purchase transactions; and
Demographic and lifestyle information about you, including restaurant location preferences, vehicle model and color, product-use preferences and interest in wine, food, events, private dining and catering;
When you use our website, use our mobile applications or open an email from us, we may automatically collect information about you using tracking technology, including Internet Protocol Address (“IP Address”), a unique device or user identification, system and browser type, the referring address website, the content and domain pages that you access on our website or mobile applications, and the dates and times that you use our website or mobile applications. We use technology, including cookies (a piece of data that is placed on your computer when you visit a website) to automatically collect certain information, as described above, that we then use for system administration and website maintenance, troubleshooting, and to identify you when you open our email or visit our website through your computer or mobile device so we can enhance your online experience and make our advertising more relevant. We may also offer certain features that are only available through the use of this technology.
You can set your browser to accept or reject cookies and to disable other tracking technology. Third-party sites may also provide additional opt-out methods.
We may also obtain information about you from other sources, including affiliates, advertising partners and public databases. All of the information we collect allows us to better understand the products and services we think may be of interest to you.
Some of these ads are online behavioral advertising and may contain cookies that allow monitoring of your response to our advertisements. Cookies placed by these companies do not collect personal information. We limit companies that place our ads from using information for any purpose other than to assist us in our advertising efforts. If you prefer that our advertising service providers not know which website pages you have viewed, you may find out more at http://www.networkadvertising.org/ about how you can opt out. To learn more about online behavioral advertising, privacy and cookies, visit http://www.networkadvertising.org/managing/learn_more.asp.
Please note that if you opt out, you are only opting out of the collection of data through cookies, and you may still see or receive online advertising from Roy's Hawaiian Fusion Cuisine that will not be based on your preferences or behavior.
HOW DO WE USE AND SHARE YOUR INFORMATION?
Roy's Hawaiian Fusion Cuisine does not sell your personal information to third parties. Roy's Hawaiian Fusion Cuisine will only use and share your information as described in this policy to:
Create an account for you on our website or mobile applications;
Enroll you in a loyalty program account and other programs at your request, and to register your loyalty program account on our website and mobile application;
Communicate with you about products and services we offer, including sending you emails and text messages, for restaurant promotions, special offerings, Gift Cards and other important information;
Analyze the use of our products and services;
We may share your information with certain affiliates and third parties who have agreed to protect your privacy. Such information sharing relates to:
Assisting Roy's Hawaiian Fusion Cuisine in communicating with you about our offers;
Fulfilling requests for products and services, improving our services, conducting research, and providing anonymous reporting for internal and external clients;
Assisting in providing our services (for example, to process credit and debit card transactions, conduct statistical analyses, and to comply with unsubscribe lists); and
Assisting with loss prevention in cases of suspected fraud or theft.
Provide your information to any company who may purchase some or all of Roy’s Hawaiian Fusion Cuisine's assets in the future;
Use where required by law or to comply with a valid legal process (such as a search warrant, subpoena or court order), to protect Roy's Hawaiian Fusion Cuisine's rights or property, or to respond to emergencies when safety is at risk, it may be necessary to disclose your information to third parties; and
Enforce the incorporated policies and Terms and Conditions of use, to comply with legal obligations, and otherwise manage our business.
Roy's Hawaiian Fusion Cuisine may combine personal and non-personal information we collect or obtain with other information we obtain from third parties. We may transfer your information to Roy's Hawaiian Fusion Cuisine's partners and affiliates for this purpose. Roy's Hawaiian Fusion Cuisine may also share aggregated information that cannot be used to identify you with our clients and business partners.
HOW DO WE PROTECT YOUR INFORMATION?
We work to protect your information both online and offline by using appropriate technical, administrative and physical procedures to protect personal information from loss, misuse or alteration.
We limit access to personal information to those who have a business need. Employees who violate Roy's Hawaiian Fusion Cuisine's customer privacy safeguards are subject to disciplinary action up to and including termination.
When we share your information with third-party service providers as described above, we only provide those third parties with the information necessary to perform their service and we require that they protect your information and not use it for any other purpose. We cannot, however, ensure or guarantee the security of any information you send to us and you do so at your own risk. You are responsible for maintaining the confidentiality of your passwords and any account information.
WHAT CHOICES DO YOU HAVE ABOUT YOUR INFORMATION?
You may choose to:
Stop receiving promotional materials by mail, telephone, text message or email;
Update and correct your personal information;
Request a copy of the information we have collected about you once per year;
Cancel your account or request that we no longer use your information.
You may contact us to make any of the choices listed above by:
Sending an email to us at email@example.com; or
Providing written notification to us at the address in the Contact Us section below; or
You may also opt-out of promotional emails by using the "Unsubscribe" link in the email.
We will only send text messages to those who have expressly opted in to receiving communications by text message. You may opt out of receiving further text messages by sending a reply text with the word "Stop" or by contacting us by email or mail as described above.
Customers who request not to be contacted will not receive offers for savings by mail/email, will be excluded from Roy's Hawaiian Fusion Cuisine's general mailing lists, will not be automatically entered in contests and sweepstakes, and may not receive other notices. This opt-out does not apply to certain operational communications (for example, confirmation of delivery address or restaurant reservations), to the extent permitted by law.
Under rare circumstances, Roy's Hawaiian Fusion Cuisine may need to contact some or all users to relay important information about our website or restaurants. Members are not able to unsubscribe or "opt in/opt out" of these announcements because they may contain very important information regarding their accounts. Roy's Hawaiian Fusion Cuisine reserves the right to contact users to correct account errors or to supply important information Roy's Hawaiian Fusion Cuisine deems relevant.
HOW DO YOU CORRECT OR UPDATE YOUR INFORMATION?
You may change certain personal information or request that we delete your personal information by:
Logging in to your account and then entering or updating your personal information;
Sending an email to us at firstname.lastname@example.org; or
Providing written notification to us by mail at the address in the Contact Us section below. Please include your current contact information, the information you are interested in accessing, and your requested changes. We will provide access and make the changes you request, or provide an explanation of what actions we will be able to make in response to your request.
When you ask us to delete your personal information, we may need to retain a record of certain personal information to comply with applicable federal, state or local law.
If our website allows visitors to register for an account, you may register for an account that is accessible by a password of your choosing. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Roy's Hawaiian Fusion Cuisine of any unauthorized use of your account or any other breach of security known to you.
INFORMATION ABOUT CHILDREN
We strive to create an online and offline environment that is respectful of families. In that light, we do not knowingly collect personally identifiable information from children under the age of 13.
If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us, please contact us. A parent or guardian of a child under the age of 13 may review and request deletion of the child’s personally identifiable information and prohibit its use.
POLICY EFFECTIVENESS AND CHANGES
Roy's Hawaiian Fusion Cuisine
2202 N. West Shore Blvd., 5th Floor
Tampa, FL 33607