TERMS OF USE

The web site (together with any successor site(s) thereto and mobile version(s) thereof, the “Site”) from which you are accessing these Terms & Conditions (these “Terms”) are made available to you by WorldSprings Holding LLC (collectively, “WSD”, “we”, “us” or “our”) and are subject to these Terms.

The Site is referred to collectively herein as the (“Service”). Please read these Terms carefully before using the Service. Your use of (including any access to) the Service in any manner binds you to these Terms. These Terms are effective unless and until terminated by WSD. If you do not agree with any term or condition of these Terms, do not use the Service. By using the Service, you represent that you are 18 years of age or older.

WSD reserves the right, at any time, to change these Terms by notifying you of such changes by any reasonable means, including posting revised Terms through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. By using the Service following any such changes, you agree to be bound by such revised Terms. You may reject such changes by ceasing all use of the Services. You should periodically visit this page to review the most current Terms. In addition, we may, at any time and without liability, modify or discontinue all or part of the Service (including access to the Service via thirdparty links); charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users.

Please note that certain products, services, promotions, or other WSD web sites, apps or other online offerings, may be governed by separate or additional policies, terms or conditions (e.g., Gift Cards), and you agree to comply with such policies, terms or conditions. In the event of any conflict between these Terms and any such policy, term or condition, in connection with such products, services, promotions or other web sites, or other online offerings, such policy, term or condition will govern with respect to those particular products, services, promotions, or other offerings.

  1. Privacy Notice. Please review our Privacy Policy for information about our privacy practices in connection with the Service.
  2. Jurisdictional Issues. The Service is controlled and operated from the United States and is not intended to subject WSD to any nonU.S. jurisdiction or law. The Service may not be appropriate or available for use in some nonU.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service’s availability at any time, in whole or part, to any person, geographic area or jurisdiction that we choose.
  3. Intellectual Property Rights. The Service (including all content therein and the compilation of such content, including but not limited to all photos, videos, recipes, text, graphics, data, and images) is owned by WSD and/or its licensors and is subject to trademark, service mark, copyright and/or other intellectual property rights. The WSD names and logos, and all related product and service names, design marks and slogans, are the trademarks or service marks of WSD. Nothing contained on the Service grants any rights to use any trade name, trademark, service mark, logo, or other intellectual property without the express prior written consent of the owner.
  4. Rules of Conduct. You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Service. In connection with the Service, you shall not:
    1. Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
    2. Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
    3. Use the Service for any purpose that is fraudulent or otherwise tortious or unlawful.
    4. Harvest or collect information about users of the Service.
    5. Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks.
    6. Restrict or inhibit any other person from using the Service.
    7. Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without WSD’s express prior written consent.
    8. Remove any copyright, trademark or other proprietary rights notice from the Service.
  5. Monitoring. WSD reserves the right, but does not have any obligation to monitor areas of the Service electronically, and to monitor, alter, evaluate or remove any Submissions before or after they appear on the Service. WSD further reserves the right to disclose any content, records or electronic communication of any kind, including Submissions, if required to do so by any law, rule, regulation or court order, or if such disclosure is necessary or appropriate to operate the Service.
  6. Mobile Payment Terms. WSD uses a thirdparty service provider, currently Givex Corp., to make available payment functionality through the Site. In addition to the other provisions of these Terms, the following terms and conditions apply to the use of such mobile payment functionality.
    1. Account Registration. You must register with WSD and create an account (“Account”) in order to use the payment functionality. The registration process will ask you for certain information including your name, address information (e.g., email address and billing address), mobile phone number, financial account information (e.g., payment card account numbers) and other personal information. You must also select a passcode and security questions and answers. The information you provide must be accurate and complete. You must also keep the information that you provide uptodate. You are responsible for safeguarding your Account information (including your passcode and security questions and answers), and for all activity that occurs in connection with your Account.
    2. Security. We have implemented reasonable technical and organizational measures designed to secure your Account information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures and use your Account information for improper purposes. You acknowledge that you provide your personal information at your own risk.
    3. Representations and Warranties. You represent and warrant to us that: (a) you are at least eighteen (18) years of age.
  7. DISCLAIMER AND LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WSD IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF, OR RELIANCE ON, ANY MATERIALS (INCLUDING THIRD PARTY MATERIALS) AVAILABLE THROUGH OR SUBMITTED TO THE SERVICE, OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND ALL SUCH MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT WSD SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF SUCH MATERIALS, PRODUCTS OR SERVICES) ARISING OUT OF USE OF, OR INABILITY TO USE, THE SERVICE OR SUCH MATERIALS, PRODUCTS OR SERVICES, EVEN IF WSD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
  8. Indemnity. You agree to defend, indemnify and hold WSD and its affiliates harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from (a) your access to or use of the Service or any materials (including Third Party Materials), products or services available through the Service, (b) any of your Submissions, or (c) any violation or alleged violation by you of any provision of these Terms.
  9. Applicable Law; Disputes. You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and WSD. Any action or proceeding relating to or arising from these Terms or your use of the Service must be brought in the state or federal courts located in Denton County, Texas, and you consent to the exclusive personal jurisdiction of such courts.
  10. Termination. These Terms are effective until terminated by WSD. We may terminate or suspend your use of the Service at any time and without prior notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Service will immediately cease.
  11. Gift Card. Redeemable only toward purchases at WSD’s Texas location (excluding gift cards).  Gift Cards are non-refundable and cannot be redeemed for cash except as required by law.  No replacement if lost, stolen, damaged, destroyed, or used without your permission.  Terms subject to change.  Purchase, acceptance, or use of card constitutes acceptance of full terms TREAT THE GIFTCARD LIKE CASH.
  12. Miscellaneous. These Terms do not and shall not be construed to create any partnership, joint venture, employer employee, agency or franchis or franchisee relationship between you and WSD. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision.
  13. Contact Us. Please let us know if you have any questions about, or would like a copy of our Terms. A copy will be provided to you free of charge. Simply email us at [email protected] or call us at 1-844-2-SOAK–IN