P.J. Clarke’s

“Beer is proof that God loves us,
and wants us to be happy.”
– Benjamin Franklin
“P.J. Clarke's is what a lot of us
came to New York looking for.”
– Departures Magazine

Terms of Use

Last revised July 23, 2012

The services offered by P.J. Clarke’s, its parent company, The Clarkes' Group LLC, subsidiaries and affiliates (collectively “P.J. Clarke's", “we” or “us” or “our”) include the PJClarkes.com website (the "Site"), and any other features, content, or applications offered from time to time by P.J. Clarke's in connection with the Site (collectively, the "P.J. Clarke's Services"). The Site and the P.J. Clarke's Services are owned by P.J. Clarke's.

This page states the Terms of Use (“Terms”) under which you may use the Site and the P.J. Clarke's Services offered on the Site. Please read the Terms carefully. If you do not accept the Terms, please do not use this Site. By using this Site and/or the P.J. Clarke's Services, you agree to be bound by the Terms, whether you are a “Visitor” (meaning you simply browse the Site) or you are a “Subscriber” (meaning you have submitted your Personal Information—as defined in our Privacy Policy—to the Site in order to use or receive certain P.J. Clarke's Services through the Site). Capitalized terms used but not defined in the Terms have the meanings given them in our Privacy Policy. We may change the Terms from time to time so please check back here periodically. Any such modifications will be effective upon posting of the new Terms. You understand and agree that your continued access to the Site indicates your acceptance of the new Terms.

I. User Eligibility

Use of the Site and the P.J. Clarke's Services is void where prohibited by law. By using the Site and the P.J. Clarke's Services, you represent and warrant that: (i) all information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are 13 years of age or older; and (iv) your use of the P.J. Clarke's Services does not violate any applicable law or regulation. You may be terminated as a Subscriber without warning if we believe that you are less than 13 years of age. The Site and the P.J. Clarke's Services are for personal use only.

II. Term

The Terms shall remain in full force and effect while you use the Site or are a Subscriber. You may review, modify or remove any Personal Information you submit to the Site at any time, for any reason, by contacting P.J. Clarke's. P.J. Clarke's may terminate you as a Subscriber at any time, without warning. Even after you are terminated as a Subscriber, the Terms will remain in effect.

III. Intellectual Property Policy

When using this Site, P.J. Clarke's requires Visitors and Subscribers to respect the intellectual property rights we have in the Site’s contents, such as text, graphics, images and other content (the "Site Material"). P.J. Clarke's also requires Visitors and Subscribers to respect the intellectual property rights of others when using the Site.

P.J. Clarke's hereby grants you a limited, revocable, nonsublicensable license to view and download a single copy of the Site Material for your personal use. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy you make of such material. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other website or in a networked environment is prohibited. The names, marks and logos appearing on the Site or included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to P.J. Clarke's.

IV. User Content

With respect to suggestions, ideas, notes, drawings, concepts, inventions, images, graphics, pictures or other similar types of content (collectively, the "Content") you submit to us, you represent and warrant at all times during the Term that have not and will not: (i) transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to send it; (ii) send material that reveals trade secrets, unless you own them or have the permission of the owner; (iii) send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; (v) send sexually-explicit images; (vi) send advertisements or solicitations of business; (vii) send chain letters or pyramid schemes, (viii) impersonate another person, or (ix) send material that is likely to cause harm to the our servers, office computers, or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Site which may cause any defect, error, malfunction or corruption to the Site. As a Visitor or Subscriber of this Site, you are responsible for any Content or communications you submit to the Site and are responsible for any consequences resulting from such Content or communications. The violation of any of the terms and conditions set forth in the Terms shall result in the immediate revocation of your right and license to use the Site Material and obligates you to immediately destroy any copies of the Site Material in your possession. You hereby grant to P.J. Clarke's a worldwide, non-exclusive, perpetual, irrevocable, sublicenseable, fully paid-up, royalty-free right and license to use, modify, publicly perform, publicly display, reproduce, and distribute Content you submit to the Site.

It is the policy of P.J. Clarke's to terminate Subscribers who repeatedly infringe the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner's legal agent. We ask all Visitors and Subscribers to inform us immediately if they have reason to suspect that any material submitted by a Visitor or Subscriber infringes someone’s intellectual property rights.

If you believe your copyrighted work has been submitted to P.J. Clarke's in a way that constitutes copyright infringement, please provide our designated Copyright Agent with your name, address, phone number, and email address, along with a statement that the infringing material is being used without consent. P.J. Clarke's designated Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Copyright Agent
The Clarkes' Group LLC
601 West 26th St
Suite 1245
New York, NY 10001
Phone: 212.352.8000
info@pjclarkes.com

V. Prohibited Activities

The following is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the P.J. Clarke's Services. Prohibited activity includes, but is not limited to:

  1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  2. covering or obscuring the banner advertisements on any page of the Site via HTML/CSS or any other means;
  3. any automated use of the Site or the P.J. Clarke's Services, such as using scripts to add Subscribers, Visitors or send comments or messages;
  4. interfering with, disrupting, or creating an undue burden on the Site, the P.J. Clarke's Services or the networks or services connected to the P.J. Clarke's Services;
  5. attempting to impersonate another Visitor, Subscriber or person;
  6. using any information obtained from the Site or the P.J. Clarke's Services in order to harass, abuse, or harm another person;
  7. accepting payment or anything of value from a third person in exchange for your performing any commercial activity on the Site or through the P.J. Clarke's Services on behalf of that person; or
  8. using the Site or the P.J. Clarke's Services in a manner inconsistent with applicable laws and regulations.

VI. Removal of Personal Information/Termination of Subscribers

P.J. Clarke's reserves the right to terminate Subscribers and prevent their further access to the Site for violating the Terms or the law. P.J. Clarke's also reserves the right to investigate and take appropriate legal action against anyone who, in P.J. Clarke's sole discretion, violates in Sections IV and V herein, including without limitation, reporting such violations to law enforcement authorities. The violation of any of the terms and conditions set forth in the Terms shall result in the immediate revocation of your right or license to use the Site Material and obligates you to immediately destroy any copies of the Site Material in your possession.

Despite the prohibitions in Sections IV and V herein, Content provided by other P.J. Clarke's Subscribers or Visitors may contain inaccurate, inappropriate, offensive or sexually explicit material, products, services or activities, and P.J. Clarke's assumes no responsibility for monitoring the P.J. Clarke's Services for inappropriate Content or conduct. If at any time P.J. Clarke's chooses, in its sole discretion, to monitor the Site or P.J. Clarke's Services, P.J. Clarke's nonetheless assumes no responsibility for such Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Subscriber or Visitor submitting any such Content.

VII. Privacy/Security of Personal Information/Content

We remind you that you must carefully choose the Content you submit to the Site. You are solely responsible for the Personal Information and Content that you submit to the Site and any material or information that you transmit to other Visitors or Subscribers.

P.J. Clarke's assumes no responsibility for the use or misuse of any Personal Information or Content you submit to the Site. P.J. Clarke's has no obligation to use, or solicit/enable others to use, for any purpose, any Personal Information or Content you submit to the Site.

P.J. Clarke's makes no warranties, express or implied, as to any Content that may be displayed on the Site or to the accuracy and reliability of Content or any material or information that you transmit to other Subscribers or Visitors. While we have reasonable security measures in place, we cannot guarantee the security or privacy of your Personal Information or Content. For more information, please consult our Privacy Policy.

VIII. Compliance With Laws

You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.

IX. Communications With You

P.J. Clarke's may communicate with you via email regarding your use of the Site or your submission of Personal Information or Content. You agree to receive emails and mobile communications from P.J. Clarke's, or its designee, necessary for the normal functioning of the Site or in connection with the P.J. Clarke's Services.

X. Limitation of Liability

You understand and agree that P.J. Clarke's shall not be liable for any direct, indirect, special, consequential, incidental or punitive damages, (including without limitation damages resulting from lost data) resulting from the use or inability to use the Site, the Site Material, or the P.J. Clarke's Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not P.J. Clarke's is advised of the possibility of such damages.

XI. Disclaimer of Warranties

Although P.J. Clarke's strives for accuracy in all elements of the Site, it may contain inaccuracies or typographical errors. P.J. Clarke's cannot be responsible for the violation of the Terms by Visitors or Subscribers, or for the reliance by Visitors or Subscribers upon false or misleading Information submitted by other Visitors or Subscribers. P.J. Clarke's is not responsible for the conduct, whether online or offline, of any Subscriber or Visitor using the Site or the P.J. Clarke's Services. P.J. Clarke's makes no representations about the accuracy, reliability, completeness, or timeliness of the Site Material or about the results to be obtained from using the Site or from relying on the Site Material. P.J. Clarke's reserves the right to refuse orders or reservation requests for any reason whatsoever, including without limitation, orders or requests based on inaccuracies or errors on the Site. YOU USE THE SITE, THE P.J. CLARKE'S SERVICES AND THE SITE MATERIAL AT YOUR OWN RISK.

The Site may contain links to third party websites. P.J. Clarke's is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by P.J. Clarke's. Inclusion of any linked third party website on the Site does not imply approval or endorsement by P.J. Clarke's of the linked website. WHEN YOU ACCESS THESE THIRD-PARTY WEBSITES, YOU DO SO AT YOUR OWN RISK.

P.J. Clarke's does not warrant that (i) the Site will operate error-free (ii) the Site and its web servers are free of computer viruses, worms or other harmful material (iii) the quality of any products, services, information or other material obtained by you through the Site or in connection with the P.J. Clarke's Services will meet your expectations (iv) the Site will operate in perpetuity. P.J. CLARKE'S ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY VISITOR OR SUBSCRIBER COMMUNICATION. P.J. CLARKE'S IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE P.J. CLARKE'S SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO A VISITOR’S OR SUBSCRIBER’S COMPUTER OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE P.J. CLARKE'S SERVICES. Under no circumstances shall P.J. Clarke's, its officers, directors, employees or agents be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or the P.J. Clarke's Services, from any Content submitted to the Site or through the P.J. Clarke's Services. If your use of the Site or the Site Material results in any costs or expenses, including, without limitation, the need for servicing or replacing equipment, data or Content submitted, P.J. Clarke's shall not be responsible for those costs or expenses.

YOUR USE OF THIS SITE, THE SITE MATERIAL AND THE P.J. CLARKE'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. P.J. CLARKE'S, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

XII. Indemnity

By using the Site, the Site Material and the P.J. Clarke's Services, you agree to defend, indemnify, and hold harmless P.J. Clarke's, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that P.J. Clarke's may become obligated to pay arising or resulting from your use of the Site, the Site Material, the P.J. Clarke's Services, or your breach of the Terms. P.J. Clarke's reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

XIII. Governing Law

The Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in New York with respect to any dispute, disagreement, or cause of action related to or involving the Site, the Site Material or the P.J. Clarke's Services. If any provision of the Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any provision of the Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere on the Site, the Terms constitute the entire agreement between you and P.J. Clarke's with respect to your use of the Site, the Site Material and the P.J. Clarke's Services.

Please consult our Privacy Policy for additional terms and conditions that apply to your use of and access to the Site.

Effective: August 2, 2012