Guest WiFi Terms of Service
Updated June 21, 2016
The information and materials posted by the Company and contained in this Agreement are subject to change without notice. Users are responsible for regularly checking this Agreement before using and while using the WiFi Service. All changes to this agreement are binding on you fourteen (14) calendar days after they are initially posted unless you are a new user, in which case they are binding on you immediately.
In order to use the WiFi Service, you must be at least 13 years of age to access the WiFi Services. The Children's Online Privacy Protection Act (“COPPA”) requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under the age of 13. We do NOT allow users under 13 years of age to register for an account or use the WiFi Services on their own. If you are under the age of 13, please use our WiFi Services only under the supervision of a parent or guardian.
General. In general, you can use our WiFi Service without telling us who you are or revealing personal information about yourself. However, when you contact us for service related issues, we may ask you for information that personally identifies you or allows us to communicate with you (“Personal Information”). The Company may use your Personal Information to facilitate providing you with information and assisting you with any issues you may have with the WiFi Service. We may, however, collect information about how you use our WiFi Service, such as when and for how long you use the network and the frequency and size of data transfers. We may also collect information about the WiFi Service nodes through which you connect to our WiFi Service network.
Wireless Technologies. You must have a wireless-enabled device to connect to the WiFi Service. The Company may assign you a temporary IP address each time you access the WiFi Service. You may not program any other IP or MAC address into your device that accesses our WiFi Service. You understand that wireless technologies are not inherently secure and that wireless communications may not remain private or free of interception or access by others. The Company will not be liable to you or any other party for any lack of security that may result from your use of this WiFi Service, and you agree that you are solely responsible for implementing and maintaining appropriate technological and other safeguards to ensure the safety and security of your device and anything stored on, or transmitted by, your device.
Improper Activities. You are responsible for your conduct and the conduct of anyone who uses WiFi Service via your device. You may not use the WiFi Service for improper activities. Examples of improper activities include, without limitation:
- modifying, adapting, translating, or reverse engineering any portion of WiFi Service;
- reselling, renting, sharing or distributing any aspect of WiFi Service;
- attempting to break security, access, tamper with or use any unauthorized parts of WiFi Service or any third party devices, accounts, equipment or networks;
- removing any copyright, trademark or other proprietary rights notices contained in or on WiFi Service;
- attempting to collect or maintain any information about other users of WiFi Service (including usernames and/or email addresses) or other third parties for unauthorized purposes;
- logging onto WiFi Service under false or fraudulent pretenses;
- creating or transmitting unwanted electronic communications such as "spam," or chain letters to other users or otherwise interfering with other users' enjoyment of WiFi Service;
- using the WiFi Service to transfer technology, software or other materials in violation of applicable export laws and regulations;
- transmitting content that falsely expresses or implies that it is sponsored or endorsed by the Company, that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party, or that is defamatory, unlawful or promotes or encourages illegal activity;
- transmitting any viruses, worms, defects, malware, Trojan horses or other items of a destructive nature;
- using the WiFi Service to advertise, solicit, transmit, store, post, display or otherwise make available obscene or indecent images or other materials; or
- using the WiFi Service for any unlawful, harassing, abusive, criminal or fraudulent purpose.
Monitoring and Disclosure Rights. The Company reserves the right to monitor and intercept any transmissions over or using our WiFi Service. Further, the Company may disclose user information, or use records, and other related information to law enforcement agencies, to the extent required by law, in response to lawful process, orders, subpoenas, or warrants, or to protect the Company, it’s affiliates, or any other person from harm.
Collected Information. Our WiFi Service may collect information from you in several different ways including the following:
Log Files. As is true of most websites, the Site gathers certain information automatically and stores it in log files. This information includes Internet Protocol (IP) addresses, browser types, Internet Service Providers (ISPs), referring/exit pages, operating systems, date/time stamps, and movements around the Site.
Guest Services. Based upon the personally identifiable information you provide us, we may communicate with you to respond to your inquiries regarding our WiFi Service. If you send us a personal correspondence, such as an email or a letter, we may collect such information into a file specific to you.
WiFi Service Usage. Our WiFi Service may monitor your activities, preferences, and transactional data (such as your IP address) relating to your use of the WiFi Service and log this information. This information may be used only to diagnose technical problems or problems with your Internet experience or the WiFi Service in general.
Disclosure of Collected Information & Information Provided By You.
Information from the WiFi Service. We will not disclose to non-affiliated third parties without your prior approval, your e-mail address, phone number, or other Personal Information, that we collect via the WiFi Service. As set forth in Section 1.e. above, the Company will, however, cooperate with official law enforcement inquiries, such as fraud investigations and subpoenas, and will disclose your information when necessary to comply with state and federal laws and regulations.
Disclaimer. We cannot ensure that all of your private communications and other Personal Information will never be disclosed in ways not otherwise described in this Agreement. By way of example (without limiting the foregoing), we may be forced to disclose Personal Information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmission or private communications, or users may abuse or misuse your Personal Information that they collect from the WiFi Service.
Retention of Information. We generally keep collected information and information provided by you on our server or in our archives for as long as the Company may reasonably need it. Unless we are legally required to retain certain collected information, we may from time to time delete some the information in accordance with our Company’s data retention policy. In addition, information posted by you in a public forum or on the Internet could potentially remain in the public domain indefinitely.
Changes to Personal Information. If your Personal Information changes, or if you no longer desire our WiFi Service, you may correct, update, amend, or delete your personal information by emailing Customer Service at firstname.lastname@example.org or by contacting us by telephone or postal mail at the contact information listed below. We will respond to your request to access within thirty (30) days. We will, however, cooperate with official law enforcement inquiries, such as fraud investigations and subpoenas, and will disclose your information when necessary to comply with state and federal laws and regulations and generally keep collected information and information provided by you on our server or in our archives as needed to provide you services. To request removal of your Personal Information from our system, you may email Customer Service at email@example.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
Security. We are committed to ensuring that your Personal Information is reasonably protected in line with industry standards when it is submitted to us and using adequate measures to protect such information collected from our WiFi Service.
Termination. We reserve the right to terminate your use of the WiFi Service, at any time and for any reason, with or without notice. Upon any such termination, any and all rights granted by the Company to you will terminate.
Enforcement. If for some reason you believe we have not adhered to the principles of this WiFi Service, please contact our Privacy Team at firstname.lastname@example.org and we will do our best to determine and correct the problem promptly. Except as provided below, nothing in this Agreement will be deemed to confer any third-party rights or benefits. If you choose to use other services (such as an application or website) while using the WiFi Service, your use of those services will be governed by the terms and conditions provided to you in association with those services.
Limitations of Warranties and Remedies. The services provided by the WiFi Service are provided “as is” and without warranties of any kind either express or implied. To the full extent allowed by law, the Company disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, fitness for a particular purpose, and warranty of noninfringement. The Company neither assumes nor authorizes any other person to assume for it any other liability in connection with the services the Company provides. In no event will the Company be liable for any incidental, consequential, punitive or special damages, including, without limitation, lost profits or revenues, even if the Company has, or should have had, any knowledge, actual or constructive, of the possibility of such damages.
WiFi Service Disclaimer. The Company, its officers, employees, affiliates, suppliers or licensors (the “Company Parties”) disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or accessible through the WiFi Service. Company Parties further disclaim any responsibility for the deletion, failure to store, mistaken delivery, or untimely delivery of any information or material. The Company Parties disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the WiFi Service. You understand and agree that (i) this wifi service will not be uninterrupted or error-free, (ii) there is no warranty or guarantee regarding the coverage, speed or quality of wifi service, (iii) the company has no control over third party networks or sites you may access in the course of your use of this wifi service, and (iv) you download or otherwise obtain material or data through the use of wifi service at your own discretion and risk and that you will be solely responsible for any damage to your device or loss of data that results from the download of such material or data.
Indemnification. You agree to defend, indemnify, and hold harmless the Company Parties, its officers, employees, affiliates, suppliers and licensors against any and all third party claims, suits, actions, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the Company Parties may incur arising out of or resulting from your use of the WiFi Service or breach of this Agreement. The Company will provide you with written notice of such claim, suit or action.
Choice of Law and Venue. This Agreement will be construed and governed in accordance with the laws of the state of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By entering into this Agreement, all parties irrevocably submit themselves to the exclusive venue and personal jurisdiction of the state and federal courts in Dallas County, Texas with regard to any dispute relating to this Agreement or its enforcement. The parties hereby waive any challenge to venue and Jurisdiction they may have to a lawsuit filed in a state or federal court in Dallas County, Texas, relating to a dispute between the parties relating to this Agreement or its enforcement.
Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
Additional Provisions Regarding Liability. You and the Company agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
Force Majeure. Without limiting the foregoing, under no circumstances will the Company Parties be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, device equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Notices. Any notices or communication sent by you to the Company pursuant to this Agreement will be in writing and sent to the address specified herein or such other address as the Company may specify in writing.
Notice to California Residents
Choice/Opt-Out. Any customer may choose to opt-out of using our WiFi Service at any time by contacting our Privacy Team at email@example.com.
Business Transition. In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personally identifiable information will likely be among the assets transferred.
Contact Us. If you have any questions or suggestions regarding this Agreement, please contact our Legal Team at firstname.lastname@example.org.
notices to the Company must be sent via certified mail to:
Tabletop Media LLC d/b/a Ziosk
ATTN: Legal Department
12404 Park Central Drive, Suite 350
Dallas, Texas 75251
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the WiFi Service is Tabletop Media, LLC d/b/a Ziosk 12404 Park Central Drive, Suite 350, Dallas, Texas 75251.
To file a complaint regarding the WiFi Service or to receive further information regarding the same, send a letter to the above address or contact via e-mail (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.