As used herein, the phrase “this site” refers to OriginalHooters.com originating in the United States and is owned and operated by Hooters Management Corporation. Use of this site automatically indicates your acceptance of our Terms and Conditions.
OriginalHooters.com and Hooters Management Corporation reserves the right, in their discretion, to change, modify or otherwise update these Terms and Conditions at any time, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, updates or additions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Your use of this Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, updates or additions.
OriginalHooters.com and Hooters Management Corporation may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature or content. OriginalHooters.com and Hooters Management Corporation limit certain features and services or restrict your access to parts or the entire Site without notice or liability.
Copyrights, Trademarks, and Restrictions
All materials published on this Site (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by OriginalHooters.com and Hooters Management Corporation or the party credited as the provider of the material. The entire contents of OriginalHooters.com are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are pro-tected by copyright. You shall abide by all copyright notices and other restrictions contained in any mate-rial accessed through the Site. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You acknowledge that you do not acquire any ownership right by downloading or printing copyrighted material. No modification of the material or use of the materials found on this Site is permitted. All trademarks, service marks, and trade names are propriety of Hooters Calendar or the other designated owner of a posted mark. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
No warranty of the products as to quality of such products including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Purchases on this Site are governed by terms and conditions of the sale transaction with the provider of the product.
OriginalHooters.com may contain links and pointers to Internet sites maintained by third-parties. The appearance and content of the Sites do not imply our endorsement. The content found on the Sites have not been reviewed by OriginalHooters.com or Hooters Management Corporation, therefore, we are not re-sponsible for the Third-Party Sites, the administrators of those Sites themselves are.
OriginalHooters.com is controlled and operated in Clearwater, Florida, United States of America. OriginalHooters.com makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, without giving effect to any principals of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern. You agree that an action at law or in equity arising out of or relating to these terms shall be filed only in the state of federal court located in Clearwater, Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
Enforceability and Termination
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions, together with any other terms, conditions or policies set forth elsewhere in this Site, constitute the entire agreement between you and Hooters Man-agement Corporation in connection with your access and use of this Site.
OriginalHooters.com and Hooters Management Corporation may, in their discretion, terminate or suspend your access to all or part of this Site for any reason, including, without limitation, failure to comply with any of these Terms and Conditions. Upon termination you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of ter-mination, you are no longer authorized to access or use this Site, and the restriction imposed on you with respect to materials downloaded from this Site and the disclaimer and limitations of liabilities set forth in this agreement shall survive.
Your access to and use of OriginalHooters.com is at your sole risk. If you are dissatisfied with any of the materials contained in this Site, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue use of this Site. The materials in this Site and all downloadable software are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, OriginalHooters.com, Hooters Management Corporation and any other party involved in creating, producing, or delivering this Site disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to this Website and any affiliated Website with which it is linked. OriginalHooters.com and Hooters Management Corporation do not warrant or make any representations regarding the correctness, accuracy, or reliability of the materials, information, opinion or advice provided in or from this Site. OriginalHooters.com and Hooters Management Corporation do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components.
To the fullest extent permitted by applicable law, OriginalHooters.com and Hooters Management Corporation and all employees, owners, partners, information providers, affiliates, licensors, and licensees shall in no event be liable for any claims, charges, demands, liabilities, losses, or expenses of whatever nature and however arising, including without limitation any compensatory, incidental direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of damage property, claims of third parties, or other losses of any kind of character, even if Maxim or the Indemnified Parties have been advised of the possibility of such dam-ages or losses, arising out of or in connection with the use of this Site or any Website with which it is linked. You assume total responsibility for establishing procedures for data backup and virus scanning software as you consider necessary.
You hereby agree to indemnify, defend and hold harmless OriginalHooters.com and Hooters Management Corporation from and against any and all claims, charges, demands, damages, liabilities, losses and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the cost of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct consequential loss) incurred or suffered by OriginalHooters.com, Hooters Management Corporation and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you can commit in breach of these Terms and Conditions (including but not limited to your obligations, repre-sentations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in this Site. You shall cooperate as fully as reasonably required in the defense of any claim. OriginalHooters.com and Hooters Management Corporation reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Because you have acknowledged that, at its sole discretion and for any reason, OriginalHooters.com and Hooters Management Corporation may edit, refuse to post or to delay any Content that you post, in whole or in part, and may terminate or suspend access to all part of this Site, that you have granted (or warranted that the owner of such rights has expressly granted) to OriginalHooters.com and Hooters Man-agement Corporation a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, re-produce, modify, publish, and distribute any Content that you provide, such materials or incorporate such materials into any form of technology now known or later developed, and that you have waived any nor-mal rights you may have in such Content, you hereby agree that you unsuccessfully prosecute claim against OriginalHooters.com, Hooters Management Corporation and/or any Indemnified Parties that arises from its exercise of its right to edit, refuse, to post or to delete any Content that you post, to termi-nate or suspend your access to all part of this Site, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish, and distribute any Content that you post, or seeking to recover for violation of your normal rights, you agree to reimburse OriginalHooters.com, Hooters Management Corporation and/or Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).
Software Available On This Site
Any software that is made available to download from our Site, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”), is the copyrighted work of the indicated author of the Software (“Author”). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. Hooters Calendar makes no warranty as to the quality of such software including, but limited to, the implied warranties of merchantability and fitness for a particular purpose. Software from this Site is further subject to United States export controls. No software from OriginalHooters.com may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the US has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of the country.