Terms of Use

Welcome to El Cid. These Terms of Use (“Terms”) govern your use of our websites, elcid2.com (collectively, the “Site”), any El Cid mobile application, mobile text program, in-store kiosks, online services, and other services, tools or programs offered by El Cid in the United States, any interaction with our physical locations or the personnel at the locations, or where these Terms appear (collectively, the “Services”). El Cid (collectively, “El Cid,” “our,” “we,” or “us”) provides the Site and Services. “You” refers to you as a user of the Site or Services.

These Terms do not apply to any orders or purchases made in person, for any issues relating to the sale of menu items to you, and any other programs or services provided, or for any employment related matters.

By using the site or services, you are agreeing to these terms. Please read them carefully.

Eligibility

You must be at least 13 years old to use the Site or the Services, except that some Services might require that you must be 18 years or older. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian.

Additional Terms

Some of our Services, including without limitation Catering and Takeout and Delivery, have additional terms and conditions (“Additional Terms”), which are incorporated herein by this reference. By using that Service, you agree to the Additional Terms.

Acceptable Use of the Site and Services

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.

Some of the Services are made through the use of third-party suppliers and service providers ("Suppliers"). In addition to other Suppliers, the Services are supported by services provided by Google. By using the Services, you agree to comply with all terms and notices as Google may provide, including without limitation the Google Maps / Google Earth Additional Terms of Service (including the Google Privacy Policy.)

Availability, Prices, and Promotions

Where available, prices and participation may vary. Receipt and availability of promotional offers and discounts may vary. Promotional offers and discounts may result in different amounts charged to different users for the same or similar services or goods obtained through the use of the Services. All promotions, offers and discounts are subject to the terms and exclusions identified on or in connection with them. Unless expressly stated on the offer or discount, promotional offers and discounts are subject to change or withdrawal at any time and without notice.

User Content for Social Sharing

The Site and some of the Services allow you to upload, store, send, or receive content and data (“User Content”). User Content does not include Submissions (defined below). You retain ownership of any intellectual property rights that you hold in that User Content. When you upload, submit, store, send, or receive User Content to or through the Site or Services, including without limitation, through use of El Cid-branded hashtag(s), you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Site and Services, and to develop new Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world and in any media. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site and Services.

You promise that:

• you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and

• your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

You understand and agree that any use by us of User Content is in our sole discretion — we have no obligation to utilize User Content you submit. We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site or Services or any other service or location for any reason.

Submission of any remarks, suggestions, material, information, ideas or other communications (each a "Submission") to the Services, including those on a public-facing forum made available through the Services, will be maintained by El Cid, and at El Cid’s discretion shall be deemed to transfer to El Cid all present and future ownership and intellectual property rights in such Submission. All Submissions by you are voluntary. El Cid has no obligation to treat a Submission as confidential or to compensate you in any manner for the Submission. You agree that El Cid has the right, but not the obligation, to display and use your name, likeness and other personal information submitted by you in connection with a Submission. If any court determines that El Cid does not retain exclusive ownership of any Submission, then El Cid retains a royalty free, exclusive, perpetual, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute the Submission throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. We are unable to review new ideas from outside the El Cid system. You expressly waive any and all claims against El Cid in connection with El Cid’s consideration, use or development of any product, design, concept or other materials similar or identical to your Submission now or in the future.

Ownership

Other than User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Our Content”); and (b) our trademarks, logos, and brand elements including, without limitation, El Cid Restaurant, El Cid Chicago, El Cid 2, the El Cid design logo, ElCid, (“Marks”). You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from El Cid.

You are granted a limited, non-sublicensable license to access and use the Site and Services, and all material therein, for personal, informational and consumer transactional purposes only, including the dissemination of content to the extent specifically allowed through any provided third party functionality made available through the Services that allow you to post content from the Site and Services to your personal social media account(s). This limited license does not include the resale, commercial use, distribution, public display or performance of the Site and Services or any materials therein, nor does it permit the modification or the making of derivative uses of the Site and Services or of any materials therein, reverse engineering of any Site or Service for any purpose, or the use of any data mining, spiders, robots or similar data gathering or extraction methods thereon.