Pat O'Brien's Web Site Terms of Use

PRIVACY STATEMENT

Pat O'Brien's knows that you care how we use personal information that you send us, and we appreciate the trust you show by sharing. This Privacy Statement describes the steps we take to earn your trust. By visiting our website, you accept the practices we describe in this Statement. If you find anything we say objectionable, please do not proceed any farther into the site.

We gather information about you in several ways. When you order something from our Gift Shop, you must submit information that identifies you personally, including your name, address and a credit card number. We store this information in a database and use it to send out catalogues, greeting cards, announcements of special events, and other direct communications. We fill our own Gift Shop orders, so we do not provide your personal information to an outside fulfillment company. Also, we maintain our customer database on our internal computers, and neither the company that hosts our website nor any other third party has access to that database. We do not sell or trade our customer lists, and we pledge to you that we never will!

When you sign up for our newsletter, The Eye of the Hurricane, or add your name to our birthday card list, we ask you to submit your name, mailing address and e-mail address. We store this information in our database and use it to send out catalogues, greeting cards, announcements of special events, and other direct communications. We treat this information the same as information we receive with Gift Shop orders; we pledge never to sell or trade any personal information you give us.

When you share a fun experience at Pat O's by posting a message on our If the Fountain Could Talk bulletin board, you must include your e-mail address. We post e-mail addresses on If the Fountain Could Talk so that people can interact with one another, and anyone who visits the site will have access to your e-mail address. We also store your e-mail address in a database, because we plan eventually to develop the capability to send catalogues and other communications to our friends and patrons electronically. We do not sell or trade information from our e-mail database, and we pledge to you that we never will.

The copyright to any message you post on If the Fountain Could Talk becomes ours when you submit it. Thus, we have the right to include your endorsements of the Pat O's experience in our advertising and marketing materials without securing your permission and without compensating you. We post bulletin board messages for a period that usually runs for several months and then delete them from our server's memory without saving hard copies.

The copyright to any photograph you post on If the Fountain Could Talk remains yours. We will not use it for any purpose without first contacting you and obtaining your written permission. The policy we follow for deleting messages also applies to the deletion of photographs.

We have retained NetStats, an independent company, to gather and compile statistical and demographic information about visits to our website. None of the information that NetStats gathers can be traced to you, individually. Also, we have not programmed our server to transmit "cookies" to your computer. "Cookies" are small bits of code that companies use to customize a visitor's experience of a website. Although we do not now use cookies, we may in the future.

Pat O'Brien's does not collect information from or about children, but is concerned about the safety of children and their use of the Internet. Therefore, in compliance with the Children's Online Privacy Protection Act of 1998, we will never knowingly request personally-identifiable information from anyone under the age of 13 without prior, verifiable parental consent. If we realize that we have inadvertently received personal information from a pre-teen child without the required parental consent, we will delete the information from our database as quickly as possible.

We have engaged an independent company to host our website and our e-mail system on its servers. (As indicated earlier, however, we maintain our customer databases on our own computer system.) We do not control that company's practices or policies, and we disclaim responsibility for any breach of privacy or security that results from its misuse of any personally identifiable information that you submit.

This Privacy Statement only addresses the use and dissemination of information that we collect from you. If you access another website through a link from our site, different policies may apply to any personal information you furnish that website's sponsor. Pat O'Brien's does not control the privacy policies of third parties and disclaims any responsibility for the use or dissemination of personal information you furnish to a third party. We encourage you to ask questions before you disclose your personal information to others.

DISCLAIMERS

We designed the If the Fountain Could Talk bulletin board for nostalgic and humorous, yet candid, communication among adults. The topics our patrons choose to discuss may appear too intimate or explicit for everyone. We screen messages that people submit to If the Fountain Could Talk to avoid posting vulgar or offensive material. We may not use the same standards for judging vulgar or offensive material that you use, and we may overlook something that we would normally refuse to post. Further, we cannot ensure prompt removal of an objectionable message after it is brought to our attention. We therefore disclaim responsibility for the contents of any message posted on the If the Fountain Could Talk bulletin board, and we caution you not to read those messages if you feel you might be offended.

We post e-mail addresses on If the Fountain Could Talk so that people can interact with each other, and you may receive messages from people with whom you prefer not to communicate. We disclaim responsibility for any offensive, threatening, demeaning or otherwise objectionable messages you receive via If the Fountain Could Talk.

This website is linked to other sites that are not maintained by Pat O'Brien's. The inclusion of a link to another site does not imply that we endorse the site. We disclaim responsibility for the content of any site to which this site is linked.

Pat O'Brien's brand products and services are available in several North American cities. However, this site may describe products and services that are not available at all Pat O'Brien's restaurants and entertainment facilities.

ADDITIONAL TERMS OF USE

When you submit a story, comment, photo or other material to If the Fountain Could Talk, you warrant to Pat O'Brien's that you own the copyright to the material you submit. Further, you agree to indemnify and hold Pat O'Brien's harmless from any copyright infringement or other claims with respect to the materials that we post on If the Fountain Could Talk at your request.

You agree to use this website and the materials you find here only for lawful purposes. You agree not to post on or transmit through this website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law. We reserve the right to report to the proper authorities any conduct or messages that we consider potentially illegal.

You may not copy, distribute, republish or retransmit any material from this website without our prior written permission.

We control this website from our world headquarters in New Orleans, Louisiana, U.S.A., and we make no representation that the materials on this website are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.

We will not be liable for any damages or injury caused by any error, omission, delay in transmission, computer virus, line failure or other defect that disrupts your access to or enjoyment of this website. We will not be liable for any damages, including special or consequential damages, that result from your use of, or inability to use, the materials in this site. This limitation may not apply to you to the extent applicable law disallows an exclusion of liability for incidental or consequential damages. Our total liability to you for all losses, damages and causes of action will not exceed the amount you paid to access this site.

The material in this site may include technical inaccuracies or typographical errors. We do not warrant or make any representations regarding the correctness, accuracy or reliability of any material presented on this website.

THE MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. PAT O'BRIEN'S DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

These Terms of Use will be governed by and interpreted in accordance with the laws of the State of Louisiana, U. S. A., disregarding its conflicts of law principles. If any part of these Terms of Use is held unlawful, void or unenforceable, that part will be deemed severed and will not affect the validity and enforceability of any remaining provisions. These Terms of Use contain the entire agreement between us regarding your use of this site. We can revise these Terms of Use at any time by updating this posting.

We have used first person plural pronouns and "Pat O'Brien's" throughout these Terms of Use to refer individually and collectively to Pat O'Brien's Bar, Inc., Pat O'Brien's International, Inc., and their respective affiliates, both corporate and individual.

These Terms of Use represent policies in effect on December 1, 2000. We reserve the right to change our policies at any time and in any way we choose, by posting a revised set of terms. Your use of our site following our posting of revised Terms of Use will constitute binding acceptance of our new policies and practices. We encourage you to review these Terms of Use each time you visit the Pat O'Brien's website.