Terms of Use

Effective Date: September 19, 2016.

To download and/or print this Terms of Use (“Terms”), click here [LINK]

Introduction

Please read these Terms carefully before using our websites and any online services, software or apps provided by Tijuana Flats Burrito Co., and/or its affiliates (collectively, Tijuana Flats”, “we”, or “us” or “our”) that post a link to these Terms (the “Service”).  By visiting or otherwise using the Service in any manner, you agree to the then posted Terms and any applicable Additional Terms, to be bound by them, and that you have read and understood them.  You also acknowledge, agree and consent to our data practices as described in our Privacy Policy[LINK].

These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit Tijuana Flats’ liability to you and require you to indemnify us and to settle certain disputes through arbitration.  If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service and uninstall Service downloads and applications.

Additional Terms

In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”).  To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.  Further, we may link to third party licensees to operate ThirdParty Services (defined below) that may be operated using our name and brand, whose own terms and privacy policies apply to those services.  These include:  https://tijuanaflats.orders24-7.com/; https://premium.vcdelivery.com/V2/tijuanaflats/; https://qnet.e-quantum2k.com/~mup/Custom/TFR/RETAIL/cgi-bin/qnet-main.cgi [1]

Updates to these Terms and Additional Terms

We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Service as more fully explained here [Link to Section 12].

Quick Links

We have summarized some (but not all) of the main topics of these Terms below.  The complete provisions, and not the headings or summaries govern.

  • Grants and Limitations of Rights
    • We only grant you a limited revocable license to use the Service subject to rules and limitations. More [Link to Section 1]
    • You grant us a broad license to the content you submit. More [Link to Section 2]
    • Your use of our Service is subject to various restrictions designed to protect the Service and users. More [Link to Section 3]
  • Limitations on Your Remedies

As permitted by applicable law,

  • We disclaim most warranties and provide the Service “As Is”. More [Link to Section 10]
  • Our liability is greatly limited. More [Link to Section 11]
  • Your equitable or injunctive relief rights are limited. More [Link to Section 9.D]
  • Dispute Resolution
    • As permitted by law, you agree to arbitrate disputes and waive jury trial and class actions. More [Link to Section 9]
  • Availability of Service
    • We may change or discontinue our Service, or your right to access it, in whole or in part. More [Link to Section 3.C.] Our Service is intended for access from and use in the U.S.A. More [Link to Section 13.D.]

1. Ownership AND YOUR Rights TO USE THE SERVICE AND CONTENT.

A.        Ownership.  The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Tijuana Flats, our licensors, and certain other third parties.  All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Tijuana Flats, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.  Tijuana Flats owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.

The following are some of the service marks owned by Tijuana Flats: TIJUANA FLATS, GIVE HEAT A CHANCE, HOT IS THE NEW COOL, WELCOME TO OUR WORLD, LITTLE LIZARDS, MAKE IT A POWER LITE, OUTRAGEOUSLY FRESH, LET US ROLL YOU A FAT ONE, WHO SAYS SIZE DOESN’T MATTER, MAKE IT WET, JUST IN QUESO, TIJUANA BANGIN’ CHICKEN BURRITO, FLAT HEADS, TIJUANA FLATS MORNIN’ MUNCHIES, TIJUANA FLATS BURRITO CO., SHARE THE LOVE. FEEL THE BURN, 1 HOT CINCO, IT’S ALWAYS BETTER WET, HOT BAR TIJUANA FLATS BURRITO CO., SMACK MY ASS & CALL ME SALLY, CHET’S GONE MAD, DEATH PACK, GOING POSTAL, TAKE ME TO YOUR EATER, HOT BAR, BURRITO THURSDITO, NORRITO BOWL, TIJUANA TRIO, KEEPIN’ IT FRESH!, THAT’S HOW WE ROLL, ROCK OUT WITH YOUR GUAC OUT.  All rights reserved.

B.         Your Rights to Use the Service and Content.

(i)        Your right to use the Service and content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “Tijuana Flats  Licensed Elements”):

(1) Display, view, use, and play the content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the content (excluding source and object code in raw form or otherwise) as it is displayed to you;

(2) Stream the content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service;

(3) Subject to any applicable Additional Terms, if the Service includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one of your friends a communication that includes content, or to post our content to Third-Party Services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you not do so in any manner that violates applicable law or third party rights or reflects negatively on us;

(4) Download, install and use one copy of any software, including apps, that we make available on or through the Service (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, Tijuana Flats does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be Tijuana Flats  and/or its third party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of Tijuana Flats; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;

(5) Obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;

(6) Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Tijuana Flats names, logos, or images (b) the links and the content on your website do not suggest any affiliation with Tijuana Flats or cause any other confusion, and (c) the links and the content on your website do not portray Tijuana Flats or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Tijuana Flats.  Tijuana Flats reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party; and

(7) Use any other functionality expressly provided by Tijuana Flats on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or  post User-Generated Content (as defined below)) and any applicable Additional Terms.

C.         Rights of Others. In using the Service, you must respect the intellectual property and rights of others and Tijuana Flats.  Your unauthorized use of content may violate the rights of others and applicable laws, and may result in your civil and criminal liability.  If you believe that your work has been infringed via the Service, see Section 5 [LINK] below.

E.         Reservation of all Rights Not Granted as to Content and Service.  These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and content.  No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.  ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY US AND OUR LICENSORS AND OTHER THIRD PARTIES.  Any unauthorized use of any content or the Service for any purpose is prohibited.

2. content You Submit

A.        User-Generated Content.

(i)        General.  Tijuana Flats may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Tijuana Flats Licensed Elements included therein, “User-Generated Content” or “UGC”).  Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.

(ii)       NonConfidentiality of Your User-Generated Content.  Except as otherwise described in the Service’s posted Privacy Policy [LINK], or any applicable Additional Terms, you agree that (a) your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Tijuana Flats does not assume any obligation of any kind to you or any third party with respect to your UGC.  Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms.  You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your UGC is submitted at your own risk.

In your communications with Tijuana Flats, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for menu items or names, websites, apps, software or otherwise (collectively, “Unsolicited Ideas and Materials”).  Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below.  In addition, Tijuana Flats retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials.  Tijuana Flats’ receipt of your Unsolicited Ideas and Materials is not an admission by Tijuana Flats of their novelty, priority, or originality, and it does not impair Tijuana Flats’ right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

(iii)      License to Tijuana Flats of Your UGC.  Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, or in our Privacy Policy [LINK], you hereby grant Tijuana Flats, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.  Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services.  You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so.  In order to further effect the rights and license that you grant to Tijuana Flats to your UGC, you also, as permitted by applicable law, hereby grant to Tijuana Flats, and agree to grant to Tijuana Flats, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you.  Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you.  To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.  You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 2.A(iii).

(iv)      Tijuana Flats ’s Exclusive Right to Manage Our Service.  Tijuana Flats may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and Tijuana Flats may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third party in connection with our operation of UGC venues in an appropriate manner.  Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms.  Such UGC submitted by you or others need not be maintained on the Service by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display as provided for in the Privacy Policy [LINK].

(v)       Representations and Warranties Related to Your UGC.  Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Tijuana Flats the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Tijuana Flats obligation to obtain consent of any third party and without creating any obligation or liability of Tijuana Flats; (b) the UGC is accurate; (c) the UGC does not and, as to Tijuana Flats’ permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.

(vi)      Enforcement.  Tijuana Flats has no obligation to monitor or enforce your intellectual property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at Tijuana Flats’ cost and expense, to which you hereby consent and irrevocably appoint Tijuana Flats as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

B.         Appropriate content and Alerting Us of Violations. We expect UGC to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering content you find offensive or inappropriate.  We may include venue and content rules as Additional Terms.  If you discover any content that violates these Terms or any applicable Additional Terms, then you may report it hereFor alleged infringements of intellectual property rights, see Section 5 [LINK].

3. Service and content USE RESTRICTIONS

A.        Service Use Restrictions.  You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Tijuana Flats ; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Tijuana Flats, or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.

B.         Content Use Restrictions.  You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted use of the Tijuana Flats Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Tijuana Flats or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the service.

C.        Availability of Service and Content.  Tijuana Flats, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or content (and any elements and features of them), in whole or in part, for any reason, in Tijuana Flats’ sole discretion, and without advance notice or liability.

4. CREATING AN Account and orders

A.        If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Passwords must be personal, unique username (or email address) that does not violate the rights of any person or entity, and is not offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us here [Link to email contact tool] of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.  Accounts may only be set up by the individual that is the subject of the account, and who is of the age of majority. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.  Additional accounts with Third-Party Services may be required to use Third-Party Services associated with our Service and changes to your account on our Service do not change your accounts on those services.

B.         If you order food, good or service via the Service, or otherwise use the Service to transact, you are responsible for those orders and transactions, which may be subject to any Additional Terms applicable thereto.  Orders and transaction related to us, but made via Third-Party Services, may be subject also to the ThirdParty Services’ own terms and privacy policies.

5. Procedure For Alleging Copyright Infringement

            If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to identify content or material posted on the Service that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions here.[1] 

[1] LINK to:

Copyright Infringement Notice Process

A.             DMCA Notice.  Tijuana Flats asks our users to respect the intellectual property rights of others.  It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below.  In our sole discretion, we may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer.  In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, Tijuana Flats has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.

B.             If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification.  If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:

(i)              a legend or subject line that says: “DMCA Copyright Infringement Notice”;

(ii)             a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(iii)            a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Service on which the material appears);

(iv)            your full name, address, telephone number, and email address;

(v)             a statement by you 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;

(vi)            a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

(vii)           your electronic or physical signature.

We will only respond to DMCA Notices that it receives by mail, email, or facsimile at the addresses below:

By Mail:                  [COMPANY’S ADDRESS]

By Email                 [Link to contact tool]

By Facsimile:                          [INSERT NUMBER]

For more information call: [INSERT PHONE NUMBER]

It is often difficult to determine if your copyright has been infringed.  We may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work.  That person may elect to send us a DMCA Counter-Notification.

Without limiting our other rights, we may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by Tijuana Flats.

C.             Counter-Notification.  If access on the Service to a work that you submitted to Tijuana Flats is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above.  Your DMCA Counter-Notification should contain the following information:

(i)              a legend or subject line that says:  “DMCA Counter-Notification”;

(ii)             a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Service from which the material was removed or access to it disabled);

(iii)            a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(iv)            your full name, address, telephone number, email address, and the username of your Account;

(v)             a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and

(vi)            your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification.  However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service.  You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Return to Terms [LINK]

Copyright Infringement Notice Process

A.             DMCA Notice.  Tijuana Flats asks our users to respect the intellectual property rights of others.  It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below.  In our sole discretion, we may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer.  In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, Tijuana Flats has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.

B.             If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification.  If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:

(i)              a legend or subject line that says: “DMCA Copyright Infringement Notice”;

(ii)             a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(iii)            a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Service on which the material appears);

(iv)            your full name, address, telephone number, and email address;

(v)             a statement by you 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;

(vi)            a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

(vii)           your electronic or physical signature.

We will only respond to DMCA Notices that it receives by mail, email, or facsimile at the addresses below:

By Mail:                  [COMPANY’S ADDRESS]

By Email                 [Link to contact tool]

By Facsimile:                          [INSERT NUMBER]

For more information call: [INSERT PHONE NUMBER]

It is often difficult to determine if your copyright has been infringed.  We may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work.  That person may elect to send us a DMCA Counter-Notification.

Without limiting our other rights, we may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by Tijuana Flats.

C.             Counter-Notification.  If access on the Service to a work that you submitted to Tijuana Flats is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above.  Your DMCA Counter-Notification should contain the following information:

(i)              a legend or subject line that says:  “DMCA Counter-Notification”;

(ii)             a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Service from which the material was removed or access to it disabled);

(iii)            a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(iv)            your full name, address, telephone number, email address, and the username of your Account;

(v)             a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and

(vi)            your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification.  However, we will not do this if we first receive notice at the addresses above that the party who sent us the