PRIVACY

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

 

MOBILE APP

Terms of Use

Use of this Yogurtland® mobile application (the “application”) constitutes acceptance of these terms of use (“these terms”), as revised by Yogurtland Franchising, Inc. (“Yogurtland”) from time to time, and is a binding agreement between user (“user”) and Yogurtland governing the use of the application. By downloading or installing the application user acknowledges and agrees to be bound by these terms. If user does not agree to these terms, user must uninstall this application immediately.

Eligibility — The application may be only used by individuals aged thirteen (13) years or older. If user is thirteen (13) years or older but under the age of eighteen (18) years, user should review these terms with user’s parent or guardian to ensure user and user’s parent or guardian understand and accept them.

Third Party Terms and Conditions; Yogurtland Policies — This agreement supplements and incorporates (i) the terms and conditions of any site from which user downloads the application (including Google Play and iTunes) (collectively, “Third Party Terms”) and (ii) other Yogurtland policies posted at www.Yogurt-land.com (the “Yogurtland website”). If any of the provisions of the third party terms or any applicable Yogurtland policies conflict with these terms, these terms will control to the extent these or the third party terms apply to the application.

User License — Subject to these terms, Yogurtland grants user a personal, non-exclusive, non-transferable, limited and revocable license to use the application, for personal use only, on a mobile device operating platform (each a “device”) owned or controlled by user (“user license”). Any use of the application in any other matter, including, without limitation, resale, transfer, modification, or distribution of the application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the application (collectively, “Content”) is prohibited. These terms also govern any updates to the application, or supplements or replacements, in which case any separate terms contained in or referenced by the supplement(s) or replacement(s) will apply, also.

User Information and Input — Some functionality of the application, including location-based services and functionality, may require the transmission of information provided by user including user names and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), information related to a Yogurtland card or GPS location (collectively, “user information”). By using such application functionality, user consents to the transmission of user information to Yogurtland, or its agents, and authorizes Yogurtland and its agents to record, process, and store such user information as necessary for the application functionality and for purposes described in the Yogurtland privacy policy (located at www.Yogurt-land.com).  As of the initial date of theses terms and conditions, Yogurtland will not require user to accept any “cookies” as a condition of User’s participation in the application; however, Yogurtland reserves the right to do so in the future.

User is solely responsible for maintenance of the confidentiality and security of any user information transmitted from or stored on a device for purposes of the application, for all transactions and other activities undertaken with any Yogurtland card registered in user’s name, whether authorized or unauthorized. User promises to immediately notify Yogurtland of any unauthorized transactions associated with the application including any other breach of security. Yogurtland shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a device or from unauthorized or fraudulent transactions associated with the application.

By submitting to Yogurtland or any of its advertising or promotional agencies any text, graphics, photos, expressions or protectable ideas, user acknowledges and agrees that he or she is assigning automatically and irrevocably all of user’s rights and interests to such submission and each portion of it to Yogurtland in exchange for user’s use of and participation in the application or any applicable promotion, and that Yogurtland, in its sole discretion, shall be free to use, transfer, display, or distribute anywhere and to any audience any or all of the content of such submission with no obligation to user.

Acceptable Use — Use of the application and any content and user information transmitted in connection with the application is limited to the contemplated functionality of the application. In no event may the application be used in a manner that (a) disparages or negatively reflects on any of the Yogurtland trademarks; (b) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other propriety rights); (c) is unlawful, fraudulent or deceptive; (d) uses technology or other means to access Yogurtland’s computer network or user accounts or content that is not authorized by Yogurtland; (e) attempts to gain unauthorized access to Yogurtland’s computer network or user accounts; (f) uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access Yogurtland’s computer network or content; (g) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) attempts to damage, disable, overburden, or impair Yogurtland’s servers or networks; (i) violates these terms; (j) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; or (k) fails to comply with applicable third party terms (collectively, “unacceptable use”). Yogurtland reserves the right, in its sole discretion, to terminate any user license, remove content, or assert legal action with respect to content or use of the application that Yogurtland reasonably believes is or might be in violation of these terms, or constitute unacceptable use, or violate Yogurtland policies including the Yogurtland card terms of use, but Yogurtland’s failure or delay in taking such actions shall not constitute a waiver of its rights to enforce these terms.

Indemnification — At Yogurtland request, user shall defend, indemnify, and hold harmless Yogurtland, its owners, and its affiliated companies, and their respective employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees) that arise from user’s use or misuse of the application, violation of these terms, or violation of any rights of a third party. Yogurtland reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by user, in which event user will cooperate in asserting any available defenses. Where user has elected to participate in any Yogurtland promotion that involves another company, user shall also defend, indemnify, and hold harmless the other company, its parent and other affiliated companies, and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys’ fees) that arise from the violation of any rights of a third party.

No Warranties — YOGURTLAND IS PROVIDING THE APPLICATION TO USER “AS IS,” AND USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, YOGURTLAND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO USER OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.

No Liability  – TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL YOGURTLAND (A) BE LIABLE TO USER WITH RESPECT TO USE OF THE APPLICATION; OR (B) BE LIABLE TO USER FOR ANY INDIRET, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OR USE OF INFORMATION, THE INABILITY TO USE THE APPLICATION, OR DEVICE FAILURE OR MALFUNCTION. USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION.

Marks, Application and Content — Yogurtland, the Yogurtland logo, and other Yogurtland trademarks, service marks, graphics, and logos used in connection with the application (collectively, “Yogurtland Marks”) are trademarks or registered trademarks of Yogurtland Franchising, Inc.  Other trademarks, service marks, graphics and logos used in connection with the application, service marks, graphics and logos are the trademarks of their respective owners (collectively “third party marks”). The Yogurtland Marks and third party marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Yogurtland or the applicable trademark owner. The application and the content are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights, and also may have security components that protect digital information only as authorized by Yogurtland or the owner of the content.

Governing Law and Jurisdiction — These terms are governed by the laws of the State of California, United States of America, without regard to California’s conflict of laws rules. The United Nations convention on contracts for the international sale of goods shall have no applicability. User irrevocably consents to the exclusive jurisdiction of the federal and state courts in Orange County, California, United States of America, for purposes of any legal action arising out of or related to the use of the application or these terms.

Changes — Yogurtland reserves the right to change or modify, at its sole discretion, these terms or any Yogurtland polices related to use of the application at any time by posting revisions on the Yogurtland website. Continued use of the application following the posting of changes or modifications will constitute user’s acceptance of such changes or modifications.

© 2013 Yogurtland Franchising, Inc. All Rights Reserved.