These terms and conditions (“Terms & Conditions”) apply to any websites (each a “Site”) owned or licensed by George Super TopCo LLC, its affiliates and partners (“Freehand,” “us,” “we,” “our”).
PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE USING THE SITE. BY ACCESSING THE SITE YOU AGREE TO ACCEPT, WITHOUT QUALIFICATION OR LIMITATION, ALL OF THE TERMS & CONDITIONS. We reserve the right to amend any section of the Terms & Conditions without notice by posting an amended statement on the Site. Your continued access or use of the Site means that you accept and agree to the revised Terms & Conditions. Please exit the Site immediately if you do not accept these Terms & Conditions (as amended from time to time).
USE OF THE SITE
The services of the Site are not intended for and should not be used by minors. You may only use the services of this Site if you are at least 18 years of age and can form legally binding contracts under applicable law. Additional terms and conditions may apply to reservations, transactions, purchases, activities, or uses that may occur on or through this Site. You agree to comply with these Terms & Conditions and any applicable additional terms and conditions. We may enable you to establish an account with a username and password to access and use the certain areas of the Site, and other services. You are responsible for preserving the confidentiality of your passwords, log-in, and account information. You will be financially accountable for all uses of the Site by you and/or by any third party using your account information. You agree to (a) immediately notify us of any unauthorized use, or any other breach of security, of your password or account, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
CREDIT CARD INFORMATION
If available, the storage of payment card information on the Site is optional unless a guest opts for a pre-check in, in which case the storage of such information is mandatory. It is not required to use the Site. Saving payment card information may expedite your future reservation process. Payment card information may be maintained until (and after) the expiration date of the payment card and you will be responsible for updating any payment card information that you provide. You acknowledge that Freehand may communicate this information to facilitate reservations or as requested by you, including through applications on any device that you use to interact with Freehand.
You may only use the Site to make reservations or purchases for yourself and your invited guests or an individual for whom you have been authorized in advance to act. Unless you have obtained prior written permission from Freehand, you may not use the Site to make reservations or purchases for other purposes, including, but not limited to, commercial objectives of reselling rooms or reservations, advertising, marketing, posting, or otherwise distributing rooms, reservations, or availability (including without limitation on third-party web sites), making speculative, false, or fraudulent reservations, or reserving rooms in anticipation of demand. Reservations made in violation of these Terms & Conditions may be cancelled without notice at Freehand’s sole discretion. Freehand reserves the right to cancel without notice reservations that transpired in violation of these Terms & Conditions. Any updates or revisions to these Terms and Conditions may apply to your reservations or purchases.
The Site may provide or display information relating to specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions and restrictions. Please read carefully and refer to the terms, conditions and restrictions of each Promotional Offer. Freehand reserves the right to alter or withdraw any such Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.
LINKS TO THIRD PARTY WEBSITES
The Site may contain links to third party websites. Freehand provides these links solely for your convenience. The inclusion of these links in no way indicates Freehand’s endorsement, approval, or support of such site’s content, products, services, or operators. We undertake no obligation to monitor or review any sites linked to or from the Site. Your use of any such site is subject to the terms and conditions and privacy policies of such sites, and not those of Freehand, and is at your own risk. We are not responsible for the practices, services, products, or content of third party sites. Additionally, you agree not to link your site or any other third party site to the Site without express prior written consent of Freehand. In addition, certain actions you take on the Site may result in specific advertising from third parties, including information that may be displayed in other windows or on third party sites.
FREEHAND’S RIGHT TO CANCEL / ERRORS / MISTAKES
The Site may contain typographical, technical inaccuracies, or other errors in connection with information displayed on the Site, including, but not limited to, fees, rates, or availability applicable to your transaction. Freehand assumes no responsibility or liability for such inaccuracies, errors, or omissions. Freehand reserves the right not to honor reservations or information affected by such inaccuracies, errors, or omissions. Freehand reserves the right to make corrections, changes, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after a reservation is confirmed.
MISCOMMUNICATIONS / LOST TRANSACTIONS
Freehand assumes no responsibility or liability for communication errors, difficulties, failures, or other malfunctions or lost, stolen, or misdirected transmissions, transactions, entries, or messages on or in connection with the Site. Freehand is not responsible for any incorrect information associated with any transmission or transaction to or on the Site regardless of whether such incident is the result of system error, user error, or human error.
The Site is available to anyone with Internet access. The Site may become unavailable due to maintenance or repairs or due to computer malfunctions, crashes, disruption in Internet service or other unforeseen circumstances. A reference to a product or service on the Site does not imply that such product or service is or will be available in your location. The content on the Site, including advertising content, is intended for use and display only where permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.
Any commercial use of this Site is strictly prohibited unless you have obtained express prior written consent from Freehand. You may not use this Site to post or transmit any unlawful, threatening, libelous, infringing, defamatory, indecent, inflammatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere or disrupt the Site, (b) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor or copy the Site without Freehand’s prior express written consent, (c) use any device, software, or other instrument to monitor, copy, interfere with, or attempt to interfere with this Site, its content, or its operation without Freehand’s prior express written consent, or (d) use, place, or distribute any viruses, worms, time bombs, and/or other computer programming routines that damage, disrupt, intercept, or harm (or intend to do any of the preceding) the Site, including the underlying hardware, software, systems, and any users of the Site or their devices.
Certain pages on this Site and certain independent sites affiliated with Freehand or a Freehand affiliate, may contain information about specific projects associated with Freehand or its affiliates and partners. WITH RESPECT TO SUCH PAGES AND SITES, MATERIALS ON SUCH PAGES AND SITES DO NOT CONSTITUTE AN OFFER OR SOLICITATION OF ANY KIND, NOR ARE THEY INTENDED TO BE DISTRIBUTED IN OR CONSTITUTE AN OFFER IN ANY STATE OR COUNTRY IN WHICH FREEHAND OR THE APPROPRIATE DEVELOPER OF A PROJECT, HAS NOT REGISTERED TO SELL PROPERTY, IF REQUIRED.
USER GENERATED CONTENT TERMS OF SERVICE
By responding with [#FREEHAND], you agree to the following terms:
You hereby grant to Freehand, its affiliates and partners and related entities a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your social media feed such as Facebook®, Instagram® or Twitter® photograph(s) that have been tagged with [#FREEHAND] or that have otherwise been mutually agreed upon between you and Freehand (“Photos”), or any portion of your Photos, in any manner, and for any purpose, in its sole discretion, including but not limited to on its webpages or in its marketing and advertising materials. You hereby represent and warrant that: (a) you own all rights in and to your Photos; (b) you have permission from any person(s) appearing in your Photos to grant the rights herein; (c) you are not a minor; and (d) Freehand’s use of your Facebook®, Instagram® or Twitter® handle or Photos will not injure or violate the rights of any third party, or violate these Terms and Conditions or any law. You hereby release, discharge and agree to hold harmless Freehand and any person acting on Freehand’s behalf from any liability related in any way to Freehand’s use of your Facebook, Instagram or Twitter handle or your Photos.
By using our Site you consent to receive SMS/MMS messages (including by auto-dialers) from us related to our business and the services we provide to you. If you receive an SMS/MMS message from use you may text “HELP” for help and text “STOP” to terminate (i.e., opt-out) of that subscription. Your consent to receive a SMS/MMS message is not a condition of purchase. Third party mobile carriers are not liable for delayed or undelivered messages. Please note message and data rates may apply. SMS/MMS messages are intended to be a reasonable effort communication and represent just one component of Freehand communication system. SMS/MMS message notifications may be delayed or not received during regional emergencies or other periods of high messaging traffic. Third parties can send SMS/MMS messages disguised as alerts from Freehand and therefore you are urged to independently verify the authenticity of any message that you receive. SMS/MMS message notification from Freehand will be presented on your mobile device in the same manner as any other SMS/MMS messages. SMS/MMS messages may contain or reference trademarks or other proprietary rights of Freehand, its affiliates or partners. No license to or right in any such trademarks and other proprietary rights of Freehand and/or other parties is granted to or conferred upon you. To the maximum extent permitted by law, all information contained in SMS/MMS messages is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the maximum extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the receipt, use, failure of, or inability to use, SMS/MMS messages.
Unless otherwise noted, all content on this Site is the copyrighted property of Freehand, its affiliates or partners, or licensors. All content of this Site is protected by United States copyright laws as well as the applicable laws of other jurisdictions.
Unless expressly stated otherwise, the content included on the Site, including, but not limited to text, software, photographs, graphics, images, artwork, illustrations, video, sound, music, names, logos, trademarks and service marks, are the property of Freehand or its licensors or suppliers. This content is protected by copyright, trademark and other laws. No right, title, or interest to the content is granted by your use of the Site, other than a right to review the content using a standard Internet browser to conduct customary web browsing. All other uses, including making copies of any content on the Site, are strictly prohibited. Except for non-commercial individual private use, the downloading, retransmission, or reproduction of the Site (or any part of its content) is strictly prohibited. You may not modify, reproduce, distribute, retransmit, disseminate, sell, publish, circulate or broadcast any material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without Freehand’s express written consent.
Freehand and other related marks used on the Site including, without limitation, “Freehand Logos, Broken Shaker, 27 Restaurant, Café Integral, Rudolph’s Bar & Tea, The Exchange, Studio, George Washington Bar, Simon & The Whale, and Smile To Go” and all derivatives thereof, are trademarks of Freehand, its affiliates or its partners. The use of the ® symbol (if used) designates marks that are registered with the U.S. Patent and Trademark Office, and such marks may also be registered with the trademark offices of certain other countries. Those marks and related names, trademarks, designs, logos, and trade dress shown on the Site are owned by Freehand (or its affiliates and partners) and protected by the trademark laws of the United States and other jurisdictions whether or not the ® or ™ symbols are, or are not, used.
MATERIALS SUBMITTED BY YOU
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, such as questions, comments, searches, and suggestions, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to the Site, whether ideas, creative concepts or other materials, in any format, including, but not limited to, writings, images, illustrations, audio recordings, and video recordings, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Freehand respects the intellectual property rights of third parties. Freehand responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Whether or not Freehand believes it is liable for any copyright infringement for which it is provided notice, Freehand’s acknowledgment may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Site, at Freehand’s discretion and operating within the guidelines of the DMCA.
If we remove or disable access in response to a DMCA Notice (as defined below), we will make a good faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification. If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact: George Super TopCo LLC at email@example.com
INCLUDE THE FOLLOWING INFORMATION:
• A legend or subject line that says: “DMCA Copyright Infringement Notice”;
• your name, address, telephone number and email address;
• a description of the allegedly infringing material and where it is located on the Site;
• a description of the copyrighted work that you claim has been infringed;
• a statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on its behalf; and
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law;
• your written or electronic signature attesting to the above.
It is often difficult to determine if your copyright has been infringed. Freehand may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Freehand 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 Freehand’s other rights, Freehand may, in appropriate circumstances, terminate a repeat infringer’s access to the Site and any other site owned or operated by Freehand.
If access on the Site to a work that you submitted to Freehand is disabled or the work is removed as a result of a DMCA 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:
• A legend or subject line that says: “DMCA Counter-Notification”;
• 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 URL of the Site from which the material was removed or access to it disabled);
• 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;
your full name, address, telephone number, email address, and the username of your account;
• 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
• 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 Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
GENERAL LEGAL TERMS
RIGHT TO RESTRICT ACCESS
In addition to any other rights or remedies available to Freehand, Freehand may, without any liability whatsoever, at its sole discretion restrict or terminate your access or use of this Site at any time and without notice.
LIMITATION OF LIABILITY
THE SITE IS PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK. FREEHAND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE AND NON-INFRINGEMENT. FREEHAND DOES NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, MALICIOUS CODE, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH FREEHAND TAKES REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND FREEHAND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE SITE OR, ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE, WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
You will indemnify Freehand and its officers, directors, agents, employees and representatives, against any loss, damage or cost incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify Freehand against any claims that information or material that you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.
JURISDICTION / GOVERNING LAW / CHOICE OF FORUM
This Site is operated and controlled by Freehand from its offices within the State of New York, United States of America. These Terms & Conditions and any dispute arising out of or related to the Terms & Conditions or use of Site shall be governed in all respects by and construed and enforced in accordance with the laws of the State of New York, U.S.A., without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms & Conditions or your use of the Site shall be in state or federal courts located in or near New York, New York, U.S.A. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
To the fullest extent not prohibited by applicable law, if any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or these Terms, then you and Freehand agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this section. Your written notice to us must be sent to:
George Super TopCo LLC
c/o Generator Chicago
19 East Ohio St., Chicago, IL 60611
Subject to applicable law, for a period of sixty (60) days from the date of receipt of notice from the other party, Freehand and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Freehand to resolve the dispute on terms with respect to which you and Freehand, in each of our sole discretion, are not comfortable. To the fullest extent not prohibited by applicable law, if you or Freehand wants to assert a dispute against the other, such dispute must be commenced (by delivery of written notice as set forth above) within one (1) years after the dispute arises.
Freehand’s failure to enforce or insist upon strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Freehand nor any trade practices shall be considered to modify these Terms & Conditions.
If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms & Conditions shall remain in full force and effect.
COMMUNICATIONS AND e-CONTRACTING
When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. We will try to promptly respond to all inquiries, but we are not obligated to do so. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree or consent via the Site, it is intended to be an electronic signature which binds you as if you had signed on paper.
FORWARD LOOKING STATEMENTS
Certain statements and assumptions in this Site contain or are based upon “forward-looking” information and are being made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. When we use the words “will,” may,” “estimate,” “anticipate,” “should,” “believe,” “expect,” “intend,” or similar expressions, we intend to identify forward-looking statements. These statements are subject to numerous uncertainties and assumptions as described in any SEC filings which could cause our actual results to differ materially from those expressed in or implied by the content of this Site. Forward-looking statements made in this web site are made only as of the date of their initial publication and we undertake no obligation to publicly update any of these forward looking statements as actual events unfold.