Terms of Use

1. Acceptance of Terms of Use and Non-Transferability.

By using our Services and PFCB Applications, you accept and agree to all terms, conditions and notices contained in or referenced on the PFCB Applications and these Terms. Please read these Terms carefully. These Terms are a legally binding agreement between you and PFCB and govern your use of the Services and the PFCB Applications (however accessed or used, whether via personal computers, mobile devices, or otherwise), and any other means or applications in which you connect with us or use the Services.

Each time that you access or use the Services or PFCB Applications, you signify that you have read, understand, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated herein by reference. If you do not agree to any of these Terms, you must discontinue using PFCB Applications and Services. By using the PFCB Applications, you represent and warrant that you have the right, authority, and capacity to enter into and perform legal agreements and abide by these Terms. PFCB may change PFCB Applications and any Services and products without prior notice.

Updates to Terms of Service. PFCB may update or change these Terms at any time by posting or providing the most current version of the Terms on the PFCB Applications. All such changes will be effective as of the new Effective Date shown. Your continued use of the PFCB Applications and Services after we post any changes to the Terms signifies your agreement to any such changes. Note that special terms or rules may apply to some Services, such as rules for particular promotions, applications, or other features or activities. Any such terms are in addition to these Terms. In the event of any conflict or inconsistency between these Terms and any rules, restrictions, limitations, terms, or conditions that may be posted on the PFCB Applications or otherwise communicated to you, we will determine, in our sole discretion, the order in which those items will control.

Contact and Electronic Communications. By accessing the PFCB Applications you consent to receiving these Terms in electronic form, and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You agree that when you provide us with contact information in connection with a particular activity, including an email address or telephone number (“Contact Information”), your action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using the Contact Information you provide to us. This means we may contact you by email, telephone (including by recorded message and with the use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving. You attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you.

2. Intellectual Property Rights.

A. Proprietary Rights.

PFCB owns trademarks for its Services, including without limitation, P.F. Chang’s®, P.F. Chang’s China Bistro®, Pei Wei®, Warrior® and Vineyard 518®. These and all other PFCB logos and service marks (collectively, “Marks”) are trademarks of PFCB and may not be used without our prior written consent. All materials and content published on or accessible through PFCB Applications, including, but not limited to text, photographs, video, graphics, music, images, animations, audio, software, plug-ins, data, sounds, messages, comments, and the compilation of all content included on our PFCB Applications (collectively “PFCB Content”) are also owned or licensed by PFCB and are protected by laws governing copyrights, patents, trademarks, trade secrets, and other proprietary rights. We have granted you a license to view and use the PFCB Content subject to these Terms. Unless otherwise specified, the PFCB Content is available to you for your personal and non-commercial use only. You may not sell, modify, reproduce, display publicly or otherwise use the PFCB Content in any way for any public or commercial purpose. Any reprinting or electronic reproduction of any PFCB Content in whole or in part, for any public or commercial purpose is expressly prohibited.

B. Linking.

If you have a website and wish to establish temporary or permanent links from your website to a PFCB Application, you must link to our homepage only. You may not link to another location within any PFCB Application without our written permission.

C. User Content.

There may be opportunities to post content (“User Content”) on PFCB Applications. By posting User Content on PFCB Applications, you certify that: (i) any information contained in the User Content is not confidential; (ii) you are the sole owner and copyright holder of the User Content (which includes all photos, videos, stories, and any other information) or you have obtained whatever rights from the copyright owners are necessary for your posting of the User Content; (iii) the User Content does not infringe any privacy or intellectual property rights of any individual or entity, including the photographer who took the photos or videos you have submitted, or identifiable persons depicted in those photos or videos; and (iv) the User Content does not contain any material that otherwise violates any law or the rights of any third party.

By submitting or posting any User Content on or to PFCB Applications, you grant PFCB and its employees, agents, personnel, assigns, licensees, successors in interest, and legal representatives, an irrevocable, perpetual and unrestricted license to use, modify, reproduce, transmit, display, and distribute the User Content, in whole or in part, or in conjunction with other materials, for any purpose whatsoever, including advertising and trade purposes to the extent permitted by law. You waive all moral rights with respect to the User Content and you acknowledge that PFCB is relying upon, and would not use the User Content you submit in the absence of, these terms.

We may, in our sole discretion, remove User Content that we determine is unlawful, fraudulent, harassing, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights, or reflects unfavorably on PFCB, but have no obligation to do so. PFCB is not liable or responsible for any User Content provided by any third parties on or to any PFCB Application. Contributions to our PFCB Applications by third parties do not necessarily represent the view or opinions of PFCB. PFCB may or may not preview User Content before it appears on our PFCB Applications. Users can be held liable for any illegal or prohibited User Content they provide to PFCB Applications, including among other things, infringing, defamatory, or offensive materials. If you discover this kind of material on PFCB Applications, please promptly notify us at [email protected] so that we may investigate and take appropriate action.

D. Digital Millennium Copyright Act.

PFCB has designated an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, (the “DMCA”) and avails itself of the protections under the DMCA. Further, we reserve the right to remove any User Content on the PFCB Applications which allegedly infringes another person’s copyright.

E. Filing a Complaint.

If you believe any materials on PFCB Applications infringe a copyright, you should provide us with a request to take down the allegedly infringing material in the form of a written letter, sent by regular mail only (“DMCA Takedown Notice”), which at a minimum includes:

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Your name, address, telephone number and email address (if available);
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.

F. Filing a Counter-Notice.

If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular mail only (“DMCA Counter-Notice”), which at a minimum includes:

Identification of the copyrighted work (or works) that was removed by PFCB and the location at which the works appeared before they were removed. The information must be reasonably sufficient to permit us to identify the copyrighted work;
Your name, address, telephone number and email address (if available);
A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or New York if your address is outside of the United States;
A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.
When we receive a DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is not in compliance with the DMCA.

Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA agent addressed as follows:

P.F. Chang’s China Bistro, Inc.
Attn: General Counsel
7676 East Pinnacle Peak Road
Scottsdale, AZ 85255
[email protected]
Fax: (480) 888-3002