This version in effect since May, 2014
3. Copyright and Restrictions on Use
The materials on this Website as well as its photographs, images, layout, organization and design are copyrighted and are protected by worldwide copyright laws and treaty provisions. Material from this Website ("Materials") may not be copied, distributed, republished, uploaded, posted or transmitted in any way, without the prior written consent of The Keg and The Keg Rights Limited Partnership (except you may display on your computer, download and print the contents of this Website for your personal or educational, non-commercial internal use provided that you attribute ownership of such content to The Keg and The Keg Rights Limited Partnership). Modification or use of Materials for any other purpose violates copyright, trademark and other laws. Except as otherwise described, all Materials on this Website are made available only to provide information. Neither title nor intellectual property rights are transferred to you by your use or download of Materials from this Website and shall remain with The Keg and The Keg Rights Limited Partnership who own full and complete title to all Materials on this Website. The Keg controls this Website from its headquarters in Vancouver, Canada and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws.
4. No Unlawful or Prohibited Use
All remarks, suggestions, ideas, graphics, data, questions or other information communicated to The Keg through this Website or through email (together, a "Submission") shall be owned by The Keg. The Keg will not treat any Submission as confidential or proprietary, will not be liable for the use of any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Keg operations. Without limitation, The Keg will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. The Keg will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person. You acknowledge that you are responsible for whatever material you submit, and you, not The Keg, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality and copyright.
6. Online Purchases
Gift Cards purchased through this Website are redeemable only in Canada or the U.S., as stipulated on each card, and may be presented as payment at any participating Keg Steakhouse + Bar restaurants in Canada or the U.S. as the card dictates. No refunds or returns are offered or allowed, and lost or stolen Gift Cards or Gift Cards used without your authorization cannot be replaced or replenished. Gift Cards cannot be redeemed for cash and no change will be given. Any balance remaining on a Gift Card is available only for your next visit(s) to a participating Keg Steakhouse + Bar restaurant in Canada or the U.S. as the card dictates.
You acknowledge and agree that the performance of this Website and all content or services accessed from or available thereon are provided to you on an "as is" basis, without representations, warranties or conditions of any kind (to the fullest extent permissible under applicable law), express or implied, including but not limited to, all warranties, representations or conditions of merchantability, accuracy, validity, reliability, fitness for a particular purpose or non-infringement of the rights of third parties. We make no representation or warranty to you, whether expressed or implied, that our Website and any content or services accessed from or available thereon will be uninterrupted, error free or corrected in the event of discovery of any errors, free of viruses, Trojan horses, worms or other harmful components, or free from any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using any materials from our Website.
9. Limitation on Liability
By visiting this Website, you agree that to the maximum extent permitted by law, in no event shall The Keg or its shareholders, directors, officers, employees, agents or any person for whom The Keg is responsible be liable for any damage or loss arising from, connected with or relating to the use of this Website, whether such damages are direct, indirect, punitive, exemplary, incidental, special or consequential, even if The Keg has been advised of the possibility of such loss or damages or ought to have known of the possibility of such loss or damages.
You will indemnify, defend and hold The Keg harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by The Keg in connection with any claim, demand or proceeding arising out of, related to, or connected with your access to or use of the Website, your breach of these Terms and Conditions, or any wrongful conduct by you or any person for whom you are responsible under these Terms and Conditions or at law. You will assist and co-operate as fully as reasonably required by The Keg in the defence of any such claim, demand or proceeding.
11. Other Sites
For your convenience, this Website may contain links to other Websites which are not operated or controlled by The Keg ("Other Sites") that may be of interest to you. The Keg assumes no responsibility for the Other Sites, including The Keg Royalties Income Fund (the “Fund”) Website (see section 12 below), their business, goods, services or content (including content obtained through links on the Other Sites) and your use of the Other Sites is at your own risk. The Keg reserves the right to terminate any link or linking program at any time. The inclusion of any link to the Other Sites does not constitute or imply an endorsement, authorization, sponsorship or affiliation by The Keg of the Other Sites, or any products or services provided by such Other Sites.
12. Fund Website
14. Copyright and Trade-mark Notices
Nothing contained herein shall be construed as conferring, by estoppel, implication or otherwise, any license or right in respect of any trade-mark or other intellectual property right of The Keg, The Keg Rights Limited Partnership or any other party. The Keg name and logos displayed throughout this Website and all related products and service names are the trade-names, trade-marks, service marks or registered trade-marks of The Keg Rights Limited Partnership and are licensed to The Keg. Any reproduction of any of these marks, names or logos without the express written consent of The Keg Rights Limited Partnership is strictly prohibited. All other trade-marks are the property of their respective trade-mark owners.
None of the communications made through this Website should be construed as an offer to sell any Keg franchises in, nor is any such communication directed to, residents of any jurisdiction requiring registration of the franchise before it is offered and sold in that jurisdiction. No Keg franchises will be sold to any resident of such jurisdiction until the offering of such franchises has been exempted from the requirements of, or duly registered in and declared effective by, such jurisdiction and the required disclosure statement (if any) has been delivered to the prospective franchisee before the sale in compliance with applicable law. If you should have any questions concerning the registration status of Keg franchises in your jurisdiction, please contact James Henderson at firstname.lastname@example.org.
16. Termination of Right of Use
17. Entire Agreement
18. Governing Law and Jurisdiction
This Agreement is governed by and is to be interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, notwithstanding any principles of conflict laws or choice of law.
If a court determines that any of the provisions contained in this Agreement are unlawful, void, invalid or for any reason unenforceable, then that provision will be deemed to be severed from the rest of this Agreement and will not affect the validity and enforceability of any remaining provisions.
This Agreement ensures to the benefit of and is binding upon The Keg and its respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of The Keg, which may be withheld in The Keg’s absolute discretion. The Keg may assign this Agreement and its respective rights and obligations under this Agreement without your consent.