We reserve the right to change these terms and conditions at any time without notice. Please check back often to ensure you are aware of any updates or changes to these terms.
The contents of this site, including its "look and feel" (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including HTML-based computer programs) and other material, are protected intellectual property of IHOP, or used with permission or under license. We hereby grant you the right to view and use this Site subject to the terms and conditions of this Agreement. You may download and/or print a copy of the information provided in this Site for your internal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). You may contact us at the address indicated at the end of this Agreement. In any event, you agree not to modify, amend, reduce the size of or in any way obliterate any warnings, liability limitations, disclosures or notices (including any copyright or trademark notice) associated with the information.
"IHOP at Home" and the stylized red, white and blue logo are trademarks of IHOP, registered in the U.S.
Other product or service names or logos referenced in the Site are either trademarks or registered trademarks of IHOP. The absence of a product or service name or logo from this list does not constitute a waiver of IHOP's trademark or other intellectual property rights concerning that name or logo. All other products and company names mentioned in the Site may be trademarks of their respective owners.
3. User Submissions
Certain portions of the Website permit you to provide comments, suggestions, ideas (including product and advertising ideas), and other information, materials, or content created by you (collectively, "User Submissions").
IHOP, does, however, welcome your feedback regarding many areas of IHOP's existing business. If you want to send us your feedback, and we hope you do, simply use our Contact Us page. Please provide only specific feedback on IHOP's existing products or marketing strategies (do not include any ideas that IHOP policy will not permit it to accept or consider). It's just one more way that IHOP can learn how to best serve your needs.
For information on how IHOP uses and protects the personal information you may provide on this Website, click here: www.ihopathome.com/privacypolicy
Notwithstanding anything to the contrary in this Agreement, using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engines and search agents available from IHOP on this Site and other than generally available third-party web browsers (such as Microsoft Explorer) is prohibited.
You may not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site.
6. Geographic Scope of Site
IHOP controls and operates this Website from within the United States of America. Unless otherwise specified on or by this Website, this Website is intended to promote only those IHOP at Home products that are sold by IHOP's approved third party licensees in the United States and its territories, and IHOP makes no representation that materials in this Website or the products described thereby are appropriate or available for use in other locations. All visitors to this Website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Website.
7. Links to Other Sites
For your convenience and enjoyment, this Website may provide links to other Websites on the World Wide Web that are not operated by IHOP. IHOP has no control over these Websites and is not responsible for the availability of such Websites. IHOP does not endorse, approve or sponsor, nor is IHOP responsible or liable for any information or content available at the linked sites or any products, or other materials on or available from such sites. In addition, IHOP is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Websites.
8. Contents of the Website - Disclaimer
The materials in this Website (including any graphics, software, recommendations or other materials) and any materials made available through this Website are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, IHOP disclaims all warranties, expressed or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. IHOP does not warrant or make any representations regarding the use or the results of the use of the materials in this Website in terms of their correctness, accuracy, reliability, or otherwise. The materials in this Website could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. IHOP undertakes no obligation to verify or maintain the currency of such information.
9. Operation of the Website - Disclaimer
Neither IHOP, nor any of its affiliates, directors, officers, employees, agents, or any provider or third-party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the system, or resulting from the act or omission of any other party involved in making this system or the data contained therein available to you, or from any other cause relating to your access to or you inability to access the system or these materials, whether or not the circumstances giving rise to such cause may have been within the control of IHOP or of any vendor providing software or services support. You (and not IHOP) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Website.
10. Limitation as to Paragraphs 7, 8 and 9
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. If this limitation of liability or exclusion of warranty is held to be invalid or unenforceable for any reason, the maximum collective liability of IHOP, its officers, directors, employees, and agents, if any, for losses or damages shall not exceed $500. In no event shall IHOP, its officers, directors, employees, or agents be liable to you for any losses or damages greater than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive arising out of or relating to use of the system are hereby excluded even if IHOP, its officers, directors, employees, or agents have been advised of the possibility of such damages.
12. Copyright Agent
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, please provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed upon;
(iii) a description of where the material that you claim is infringing is located on the site, with enough detail that we may find it;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
[Copyright Agent name/address or link]
13. Choice of Law and Enforcement
Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the United States without regard for conflict of laws provisions.
20. Agreement to Terms
Last updated: 5/9/2011
©2010 IHOP IP, LLC. All rights reserved.