WORKSHOP CAFE

Terms of Service & Privacy Policy

Last updated December 29, 2018.

Welcome to Workshop Cafe!

The Workshop Cafe service, web-based mobile app, and website are provided by Workshop Cafe Inc.. Throughout this document, we use the terms "Workshop Cafe," "we," "us," and "our" interchangeably to refer to Workshop Cafe Inc., a Delaware corporation.

 

We provide our service, web-based mobile app, and websites (described below) to you through our website, our mobile application, and related in-store services and websites (collectively, known as “Service”) subject to the following Terms of Service (as amended from time to time, the "Terms of Service" or "Terms"). We reserve the right to change, modify, or discontinue, temporarily or permanently, the Service (including any specific pricing plan or package), web-based mobile app, and website (or any part thereof) with or without notice. You should periodically visit this page to review the current Terms so you are aware of any changes. By continuing to use the Service, web-based mobile app, and/or website, you agree to be bound by any changes. If you do not agree to abide by these or any future Terms of Service, please do not use or access (or continue to use or access) the Service, web-based mobile app, and/or website.

 

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted from time to time, including, without limitation, the Privacy Policy found on the website. All such terms are hereby incorporated by reference into these Terms of Service.

 

 

Access and Use of the Service, web-based mobile app, and website

 

Services Description: The Service, web-based mobile app, and website are designed to help you learn about Workshop Cafe’s services and interact with our online and offline services for your convenience and productivity.  In order to do this, we require the use of certain information including, but not restricted to, your Facebook profile and/or your mobile phone number in some cases. Use of this information is governed by our Privacy Policy, located at our website, which we strongly encourage you to review.

 

Your Registration Obligations: You may be required to register with Workshop Cafe in order to access and use certain features and services (online and physically in the store). If you choose to register for the Service, web-based mobile app, and/or website, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the various registration forms. Registration data and certain other information about you are governed by our Privacy Policy. We prohibit use of the Service, web-based mobile app, and websites by anyone under the age of 13. If you are under 18 years old, you may use the Service, web-based mobile app, and website, with or without registering, only with the approval of your parent or guardian.

 

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify Workshop Cafe of any unauthorized use of your password or account or any other breach of security. You further agree to take all reasonable measure to ensure the security of your mobile device and prohibit access to your account to anyone other than yourself. Workshop Cafe will not be liable for any loss or damage arising from your failure to comply with this section.

 

General Practices Regarding Use and Storage: You acknowledge that Workshop Cafe may establish general practices and usage limits on the Service, web-based mobile app, and website. This may include the length of time we store your data, as well as your maximum allotted storage space on our servers. You agree that Workshop Cafe is not responsible or liable for the deletion or failure to store any data or other content maintained or uploaded by the Service, web-based mobile app, and/or website. You further acknowledge that we may change these general practices and limits at any time without notice.

 

Conditions of Use

 

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service, web-based mobile app, and/or website. The below list includes examples of the kind of content and/or use that is illegal or prohibited by Workshop Cafe. Workshop Cafe reserves the right to investigate and take appropriate legal action against anyone who, in Workshop Cafe's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, web-based mobile app, and/or website, suspending or terminating the account of such violators and reporting you to the appropriate authorities. You agree to not use the Service, web-based mobile app, and/or website to:

 

(a) Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, oe racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Workshop Cafe, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, web-based mobile app, and website, or which may expose Workshop Cafe or its users to any harm or liability of any type;

(b) interfere with or disrupt the Service, web-based mobile app, and/or website or servers or networks connected to the Service, web-based mobile app, and/or website, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, web-based mobile app, and/or website; or

(c) violate any applicable local, state, national or international law, or any regulations having the force of law;

(dimpersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(esolicit personal information from anyone under the age of 18;

(fharvest or collect email addresses or other contact information of other users from the Service, web-based mobile app, and/or website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

(gadvertise or offer to sell or buy any goods or service for any business purpose that is not specifically authorized;

(hfurther or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

(i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service, web-based mobile app, and/or  website.

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service, web-based mobile app, and/or website and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service, web-based mobile app, and/or website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, web-based mobile app, and/or website, including as it concerns online conduct and acceptable content.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, web-based mobile app, and/or website, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, web-based mobile app, and/or website. The Service, web-based mobile app, and website are for your personal use only.

 

Intellectual Property Rights

 

Workshop Cafe respects copyright laws and the intellectual property rights of others.

 

Content, Software and Trademarks: You acknowledge and agree that the Service, web-based mobile app, and website may contain content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Workshop Cafe, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on such content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service, web-based mobile app, and/or website. In connection with your use of the Service, web-based mobile app, and/or website you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service, web-based mobile app, and/or website other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service, web-based mobile app, and website is the property of Workshop Cafe, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or to attempt to sell, assign, sublicense, or otherwise transfer any right in these works. Any rights not expressly granted herein are reserved by Workshop Cafe.

The Workshop Cafe name and logos and website are trademarks of Workshop Cafe (collectively the "Workshop Cafe Trademarks"). Nothing in this Terms of Service, web-based mobile app, and website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Workshop Cafe Trademarks displayed on the Service, web-based mobile app, and website, without our prior written permission in each instance. All goodwill generated from the use of Workshop Cafe Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will Workshop Cafe be liable in any way for any content uploaded by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded or emailed via the Service, web-based mobile app, and/or website. You acknowledge that Workshop Cafe does not pre-screen content, but that Workshop Cafe and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service, web-based mobile app, and/or  website. Without limiting the foregoing, Workshop Cafe and its designees will have the right to remove any content that violates these Terms of Service, web-based mobile app, and/or website or is deemed by Workshop Cafe, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Service, web-based mobile app, and/or website: You are solely responsible for the content and other materials you upload through the Service, web-based mobile app, website, and/or social media sites or share with other users or recipients (collectively, "User Content"). You will not upload any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Workshop Cafe and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service, web-based mobile app, and/or website or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service, web-based mobile app, and/or website ("Submissions"), provided by you to Workshop Cafe are non-confidential and Workshop Cafe will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Workshop Cafe may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service, web-based mobile app, and/or website; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Workshop Cafe, its users and the public. You understand that the technical processing and transmission of the Service, web-based mobile app, and website, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: Workshop Cafe respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Workshop Cafe of your infringement claim in accordance with the procedure set forth below.

Workshop Cafe will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be mailed to Workshop Cafe's Copyright Agent at:

Workshop Cafe Inc.

180 Montgomery St.

San Francisco, CA 94104

Attn: Legal Department

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent at the above mailing address:

  • your physical or electronic signature;

  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Workshop Cafe will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Workshop Cafe has adopted a policy of terminating, in appropriate circumstances and at Workshop Cafe's sole discretion, users who are deemed to be repeat infringers. Workshop Cafe may also at its sole discretion limit access to the Service, web-based mobile app, and/or website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Children's information

 

Workshop Cafe does not knowingly collect Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through the Service, web-based mobile app, or website. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information on this Service, web-based mobile app, and/or website. If you have reason to believe that a child under the age of 13 has provided Personal Information to Workshop Cafe through this Service, web-based mobile app, and/or website, please contact us and we will endeavor to delete that information from our databases.

Third Party Websites

 

The Service, web-based mobile app, and website may contain links or other access to other sites and resources on the Internet. Workshop Cafe has no control over such sites and resources and Workshop Cafe is not responsible for and does not endorse such sites and resources. If you access a third party site or resource from the Service, web-based mobile app, and/or website, you do so at your own risk, and agree that Workshop Cafe will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or service available on or through any such site or resource. Any dealings you have with third parties found while using the Service, web-based mobile app, and website are between you and the third party, and you agree that Workshop Cafe is not liable for any loss or claim that you may have against any such third party.

 

Facebook Authentication

 

In order to make your experience more personalized and to authenticate you, the mobile app and/or website may require you to sign in with your Facebook account. Your authorization of Facebook will provide us with access to a subset of your Facebook profile data and other information that you have made available to Facebook.

more information about the implications of activating Facebook and Workshop Cafe's use, storage and disclosure of information related to you and your use of such service, web-based mobile app, and websites within Workshop Cafe (including your friend lists, photo(s), and the like), please see our Privacy Policy located on our website. However, please remember that the manner in which Facebook uses, stores and discloses your information is governed solely by its policies, and Workshop Cafe shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service, web-based mobile app, and/or website.

Workshop Cafe is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available through your authorization of Facebook. As such, Workshop Cafe is not liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on Facebook. Workshop Cafe enables these features for your convenience and we do not explicitly endorse or recommend Facebook or any other third party websites.

Indemnity and Release

 

You agree to release, indemnify and hold Workshop Cafe and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses (including reasonable attorneys' fees), rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the service, web-based mobile app, and/or website, your violation of these Terms of Service, web-based mobile app, and/or website, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

 

YOUR USE OF THE SERVICE, WEB-BASED MOBILE APP, AND/OR WEBSITE IS AT YOUR SOLE RISK. THE SERVICE, WEB-BASED MOBILE APP, AND WEBSITE ARE EACH PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WORKSHOP CAFE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WORKSHOP CAFE MAKES NO WARRANTY THAT (I) THE SERVICE, WEB-BASED MOBILE APP, AND WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE, WEB-BASED MOBILE APP, AND WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, WEB-BASED MOBILE APP, AND WEBSITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE, WEB-BASED MOBILE APP, AND WEBSITE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WORKSHOP CAFE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WORKSHOP CAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, WEB-BASED MOBILE APP, AND/OR WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, WEB-BASED MOBILE APP, AND/OR WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, WEB-BASED MOBILE APP, AND/OR WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE, WEB-BASED MOBILE APP, AND/OR WEBSITE. IN NO EVENT WILL WORKSHOP CAFE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID WORKSHOP CAFE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, WEB-BASED MOBILE APP, AND/OR WEBSITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE, WEB-BASED MOBILE APP, AND/OR WEBSITE.

Arbitration

 

At our election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service, web-based mobile app, and/or website that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed. The arbitrator's decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Termination

 

We reserve the right to terminate or suspend your account (or any part thereof) for any reason and without notice. We may also remove and discard any content within the service, web-based mobile app, and website, for any reason, including, without limitation, for lack of use or if Workshop Cafe believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Workshop Cafe may also in its sole discretion and at any time discontinue providing the service, web-based mobile app, and website, or any part thereof, with or without notice. In this regard, Workshop Cafe may also, in its sole discretion, terminate or discontinue the offering of certain payment plans or packages and, at our sole discretion, substitute a discontinued payment package for a comparable one.  We will do our best to notify you of the cancellation or discontinuation of your plan so that you will have an opportunity to opt out of any substitute plan before it becomes effective.  Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your use of the Service, web-based mobile app, and/or website, and may be referred to appropriate law enforcement authorities.

You agree that any termination of your access to the Service, web-based mobile app, and/or website under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Workshop Cafe may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service, web-based mobile app, and/or website. Further, you agree that Workshop Cafe will not be liable to you or any third-party for any termination of your access to the Service, web-based mobile app, and/or website.

User Disputes

 

You agree that you are solely responsible for your interactions with any other user in connection with the Service, web-based mobile app, and website and Workshop Cafe will have no liability or responsibility with respect thereto. Workshop Cafe reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service, web-based mobile app, and website.

General

 

These Terms of Service constitute the entire agreement between you and Workshop Cafe and govern your use of the Service, web-based mobile app, and website, superseding any prior agreements between you and Workshop Cafe with respect to the Service, web-based mobile app, and website. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Workshop Cafe agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the City and County of San Francisco, California. The failure of Workshop Cafe to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, web-based mobile app, and/or website or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service, web-based mobile app, and/or website may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service, web-based mobile app, and/or website.

Your Privacy

 

We respect and care deeply about your privacy. For details on how Workshop Cafe uses your personal information, please see our Privacy Policy located on our website. By using the Service, web-based mobile app, and/or website, you consent to our collection and use of personal data as outlined in the Privacy Policy.

Notice for California Users

 

Under California Civil Code Section 1789.3, users of the Service, web-based mobile app, and website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Questions? Concerns? Suggestions?

 

Please contact us at info@WorkshopCafe.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service, or any other questions/suggestions about our services or how we operate.

Privacy Policy

 

The high-level summary is that we care about your privacy. We are committed to making Workshop Cafe a service and experience that people love and trust online and off. This document outlines how we use and disclose the personally identifiable information (which we call "Personal Information") and other information that we collect. If you have any questions that aren't answered here, please feel free to contact us anytime at info@WorkshopCafe.com.

In this Privacy Policy, we use the terms "Workshop Cafe", "we", "us" and "our" to refer to Workshop Cafe Inc., a Delaware corporation. "Service, web-based mobile app, and website" includes any websites, mobile app software, and web-based applications we operate. "You" or "your" refers to users of our Service, web-based mobile app, and/or website.

What information do we collect?

 

When you use our Service, web-based mobile app, and/or website we may collect Personal Information and other information from you, as described below:

 

Personal Information. We collect Personal Information from you when you voluntarily provide such information, such as when you create an account, add information to your user profile, or contact us with inquiries. By voluntarily providing us with Personal Information, you are consenting to our use of it in accordance with this Privacy Policy and agreeing that it may be transferred to the offices and servers of Workshop Cafe and the authorized third parties referred to herein, located in the United States.

Non-Identifiable or Aggregated Information. When you use our Service, web-based mobile app, and/or website, we also receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Workshop Cafe may store such information itself or such information may be included in databases owned and maintained by Workshop Cafe affiliates, agents or service providers. This Service, web-based mobile app, and website may use such information and pool it with other information to track, for example, the total number of visitors to our Service, web-based mobile app, and/or website, the number of visitors to each page of our Site, the domain names of our visitors' Internet service, and how our users use and interact with the Service, web-based mobile app, and websites. At times, Workshop Cafe also conducts research on its customer demographics, interests and behavior based on the Personal Information and other information provided to us. This research may be compiled and analyzed on an aggregate basis. Workshop Cafe may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. Workshop Cafe may also disclose aggregated user statistics in order to describe our Service, web-based mobile app, and/or websites to current and prospective business partners, and to other third parties for other lawful purposes.

In operating our Service, web-based mobile app, and/or website, we may use a technology called "cookies" to help provide additional functionality and analyze Site usage more accurately. If you are interested, your Web browser should contain a Help section that explains how to receive notifications when you receive a new cookie and how to turn cookies off.

You may also choose to connect our Service, web-based mobile app, and/or website to your other social network profiles, such as Foursquare and Twitter when/if we provide that functionality. If you choose to connect any additional profiles, we may at times use your check-in data and your post information to identify your location. If you do not wish to share information from Foursquare and Twitter, you may disconnect these profiles at any time.

How do we use your information?

We use the Personal Information you provide in a manner that is consistent with this Privacy Policy. For example, we may use it:

  • to provide the core functionality of the Service, web-based mobile app, and/or website (eg, checking IN and OUT, ordering to your table, hailing staff, etc.)

  • to monitor your use of the Service, web-based mobile app, and/or website and improve the user experience;

  • to respond to your comments and inquiries;

  • to communicate with you regarding the Service, web-based mobile app, and/or website; and

 

  • for any other purpose for which the information was provided.

What information do we share with third parties?

Workshop Cafe cares deeply about your privacy and, without your prior consent, we will not share your Personal Information except as outlined in our Privacy Policy. The following, however, are certain circumstances in which we may share your Personal Information with certain third parties without further notice to you: in the event of a corporate sale, merger, reorganization, dissolution or similar event; with service providers we work with in connection with the operation of the Service, web-based mobile app, and website, such as email or database providers; with our corporate affiliates or subsidiaries for purposes consistent with this Privacy Policy; to enforce our Privacy Policy or other terms of service; and if required to do so by law or in the good faith belief that such action is necessary to comply with a legal obligation, protect and defend the rights or property of Workshop Cafe, protect the personal safety of users of the site or the public, or protect against legal liability.

Your control

You can use the site without providing any Personal Information. If you choose not to provide any Personal Information, you may not be able to use certain parts of the Service, web-based mobile app, and/or website. For example, to use the Workshop Cafe web-based mobile application, you currently need to log in with your Facebook account and/or provide your mobile phone number.

Exclusions

This Privacy Policy does not apply to any Personal Information collected by Workshop Cafe other than Personal Information collected through the Service, web-based mobile app, and website. This Privacy Policy shall not apply to any unsolicited information you provide to Workshop Cafe through any means. This includes, but is not limited to, information posted to any public areas of the site, app, or store, any ideas for new products or modifications to existing products, and other unsolicited submissions. All such information shall be deemed to be non-confidential and Workshop Cafe shall be free to reproduce, use, disclose, distribute and exploit it without limitation, attribution or compensation to you.

Children's information

Workshop Cafe does not knowingly collect Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through the Service, web-based mobile app, and/or website. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information on this Service, web-based mobile app, and/or website. If you have reason to believe that a child under the age of 13 has provided Personal Information to Workshop Cafe through our Service, web-based mobile app, or website, please contact us and we will endeavor to delete that information from our databases.

Links to other websites

This Service, web-based mobile app, and website may contain links to other websites not operated or controlled by Workshop Cafe. The policies and procedures we describe here do not apply to these third party sites, nor do the links from this Service, web-based mobile app, and/or website imply that Workshop Cafe endorses or has reviewed these third party sites. We suggest contacting those sites directly for information on their privacy policies.

Third party login

The Service, web-based mobile app, and website may require you to sign in with your Facebook account to access features only available to users who are "logged in." When you log in using Facebook, we will collect relevant information necessary to enable the Service, web-based mobile app, and/or website to access Facebook, and Facebook will provide us with access to certain information that you have provided to it. We will use, store and disclose such information in accordance with this Privacy Policy. However, please remember that the manner in which Facebook uses, stores and discloses your information is governed by its policies, and Workshop Cafe shall have no liability or responsibility for its privacy practices or other actions.

To help you quickly set up a profile, the Service, web-based mobile app, and/or website may import some of your data from Facebook and add it to your Workshop Cafe profile, including but not limited to your Facebook profile picture(s). These data may be visible to other Workshop Cafe users, regardless of whether those users are your friends on Facebook. You can edit certain parts of your Workshop Cafe profile in the settings.

You may at times in the future have the option of posting your Workshop Cafe activities to other social networking services like Twitter. You acknowledge that if you choose to use this feature, your friends, followers and subscribers on any social networking service you have enabled will be able to view such activity.

You also acknowledge that other Workshop Cafe users may mention you in their posts, notes, and/or encounter summaries, and that such mentions may be shared on Facebook.

Steps we take to protect your privacy

Workshop Cafe takes reasonable steps to protect the Personal Information provided via the Service, web-based mobile app, and website from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.

Changes to Workshop Cafe’s Privacy Policy

We may occasionally modify this Privacy Policy. When we do, we will let you know by changing the "last updated" date within this Privacy Policy, and your continued use of the Service, web-based mobile app, and website shall indicate your agreement with the terms of the revised Privacy Policy.

Questions

Again, if you have feedback, comments, or questions about this Privacy Policy you can contact us anytime at info@WorkshopCafe.com. To keep your Personal Information complete and current, please contact us, and we will take reasonable steps to update or correct the Personal Information in our possession that you have previously provided.

Thanks for checking out and enjoying Workshop Cafe. See you soon!

Last updated December 29, 2018.

LOCATIONS

180 Montgomery

San Francisco, CA

415.322.1048

CLOSED

25 Spear Street

San Francisco, CA

415.604.5086

CLOSED