YOGURTLAND® LOYALTY/GIFT CARD, MOBILE APP & WEBSITE GENERAL TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR OTHERWISE USING ANY OF YOGURTLAND’S LOYALTY OR GIFT CARD PROGRAMS, MOBILE APPLICATIONS OR THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE ANY YOGURTLAND LOYALTY OR GIFT CARD PROGRAM, MOBILE APPLICATION OR THIS WEBSITE.
These Terms and Conditions apply to your access to, use of, and participation in all or part of any website or mobile application or loyalty or gift card program (collectively, the "Programs") of YOGURTLAND FRANCHISING, INC. or its subsidiaries and affiliated companies (collectively, "Yogurtland"), including yogurt-land.com, email@example.com, and any other site, or online service where these Terms and Conditions are posted or referenced (collectively, the "Sites"). Except where expressly provided otherwise, these Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with Yogurtland for products, services or otherwise. If you are using any of the Programs or Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms and Conditions on behalf of that entity.
These Terms and Conditions contain disclaimers and other provisions that limit our liability to you.
In the event there is any conflict or inconsistency between these Terms and Conditions and any other terms or conditions that appear in or on the Programs or Sites, these Terms and Conditions will govern. However, if you navigate away from the Programs or Sites to an unaffiliated website, you may be subject to alternative terms and conditions of use.
Yogurtland reserves the right to change or modify these Terms and Conditions or any policy or guideline of any of the Programs or Sites, at any time and in its sole discretion. Unless stated otherwise in the notice of the particular change or modification, any changes or modifications will be effective immediately upon posting the revisions to the Programs or Sites, as applicable, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of any of the changed Programs or Sites confirms your acceptance of such changes or modifications. You should frequently review these Terms and Conditions and applicable policies to understand the terms and conditions that apply to your use of our Programs and Sites.
Copyright and Limited License
Unless otherwise indicated, the Programs and Sites and all content and other materials therein, including, without limitation, the Yogurtland logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Proprietary Materials") are the proprietary property of Yogurtland or its licensors or users and are protected by U.S. and international copyright laws.
In properly using the Programs or Sites, you are granted a limited, non-sublicensable license to access and use the Programs and Sites and Proprietary Materials for personal, informational and shopping purposes only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of the Programs, Sites or Proprietary Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Proprietary Materials; (d) modifying or otherwise making any derivative uses of the Programs, Sites and the Proprietary Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Programs, Sites, the Proprietary Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Programs, Sites or the Proprietary Materials other than for its intended purpose. Any use of the Programs, Sites or Proprietary Materials other than as specifically authorized herein, without the prior written permission of Yogurtland, is strictly prohibited and will terminate automatically the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring in any manner, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right or any goodwill.
Digital Millennium Copyright Act ("DMCA") Notice
If you believe any material available via the Programs or Sites infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent at:
Designated Copyright Agent
Yogurtland Franchising, Inc.
17801 Cartwright Road
Irvine, California, USA 92614
Please see Article 17 United States Code Section 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the DMCA and other applicable law, Yogurtland has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Yogurtland may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
"Yogurtland" and the Yogurtland logo are registered trademarks of Yogurtland Franchising, Inc. All other Yogurtland trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Programs or Sites are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of Yogurtland or its affiliates or licensors. In countries where any of the Yogurtland trademarks, service marks, domain names, logos, company names or indicia of origin are not registered, Yogurtland claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, company names and indicia of origin. Other product or company names referred to in or on the Programs or Sites may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Yogurtland or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin. You may contact Yogurtland by sending an email to firstname.lastname@example.org or writing to Yogurtland at 17801 Cartwright Road, Irvine, California, USA 92614, to request written permission to use trademarks, indicia of origin and materials on the Sites for purposes other than stated in these Terms and Conditions or for all other questions relating to the Programs or Sites.
All rights not expressly granted are reserved.
Restrictions on Use
The Programs and Sites may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Programs or Sites ("User Content"). By using the Programs or Sites, you promise not to post, upload, transmit, distribute, store, create or otherwise publish through the Programs or Sites any of the following:
a. Unless specifically requested by Yogurtland, any "sensitive" personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
b. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, affiliates, customers or suppliers;
c. User content that may infringe any patent, trademark, trade secret, copyright or other intellectual, proprietary or privacy right of any party. By posting any User Content, you represent and warrant that you have the lawful right to publish, distribute and produce such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
e. Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
f. User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;
g. Viruses, spyware, Trojan horses, Easter eggs or any other harmful, disruptive or destructive files; or
h. User Content that, in the sole judgment of Yogurtland, is objectionable, restricts or inhibits any other person from using or enjoying the Sites or which damages the image or rights of Yogurtland, any other user or third party.
Yogurtland does not control, take responsibility for, or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Yogurtland liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Programs and Sites and agree to use the interactive areas at your own risk.
If you become aware of User Content that you believe violates any of these Terms and Conditions (with the exception of copyright infringement, which is addressed in the Digital Millennium Copyright Act Notice section), you may report it by clicking on the "Report Abuse" or "Flag" links located just below each piece of User Content. Enforcement of these Terms and Conditions, however, is solely in our discretion, and any failure to enforce will not constitute a waiver of our right to enforce these Terms and Conditions in other instances. In addition, these Terms and Conditions do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms and Conditions. Although we have no obligation to screen, edit or monitor any of the User Content posted on the Programs or Sites, we reserve the right and have absolute discretion, to remove, screen or edit any User Content on the Programs or Sites at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Programs or Sites at your sole cost and expense.
If you are viewing the Programs or Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Programs and Sites and the computer system you are using to prevent unauthorized User Content.
License to User Content
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content provided by you or otherwise have the right to grant the rights to Yogurtland that you grant herein. Yogurtland claims no ownership or control over any User Content, except as otherwise provided herein, in or on the Programs or Sites or in a separate agreement. However, by submitting or posting User Content on the Programs or Sites, you grant Yogurtland and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and, at our sole discretion, your name and likeness in connection with such use of your User Content. By posting User Content, you hereby release Yogurtland and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
Submission of Ideas
Separate and apart from any User Content you provide, you may submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Yogurtland, our Programs, Sites and products (collectively, "Ideas"). Ideas, whether posted to the Sites or provided to Yogurtland by email or otherwise are automatically and in each instance provided on an entirely voluntary, non-confidential, gratuitous and non-committal basis and without condition other than as expressly provided in these Terms and Conditions. By your submission of any Idea or Ideas, you automatically agree and acknowledge that Yogurtland will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the submitted Idea(s) for any purpose, commercial or otherwise, without any obligation to acknowledge or compensate you or anyone else, and regardless of any terms or conditions you might include in any submission.
You must not send us any Idea(s), if you expect to be acknowledged, paid, compensated in any way, or want to continue to own or claim rights in them.
You are granted a limited, non-exclusive right to create text hyperlinks to the Programs and Sites for noncommercial purposes, provided such links do not portray Yogurtland in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit, or illegal material, or any material that is offensive, harassing, or otherwise objectionable. We may revoke these limited rights at any time. In addition, you may not use any Yogurtland logo or other proprietary graphics to link to our Programs or Sites without our express written permission. You also may not use, frame or utilize framing techniques to enclose any Yogurtland trademark, logo or other proprietary information, including the images found at any of the Programs or Sites, the content of any text or the layout or design of any page or form contained on a page on the Programs or Sites without our express written consent. You are not granted any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of Yogurtland or any third party.
Yogurtland makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third party websites accessible via hyperlink or websites linking to the Programs or Sites. Third party sites are not under the control of Yogurtland, and Yogurtland is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Yogurtland and its users may provide these links as a convenience to you, but the inclusion of any link does not signify or imply affiliation, endorsement or adoption by Yogurtland of any site or any information contained in any third party site. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will then apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Programs or Sites.
Third Party Content, Advertisements and Promotions
Yogurtland may provide third party content in or on the Programs and Sites and links to web pages and content of third parties (collectively, "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no representation, warranty or guarantee regarding its accuracy or completeness. Yogurtland is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Your use of Third Party Content is entirely at your own risk.
Yogurtland may display advertisements and promotions from third parties on the Programs or Sites or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Yogurtland is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Yogurtland advertisers or third party information in or on the Programs or Sites.
Limitation on Liability
To the maximum extent permitted by applicable law, Yogurtland and its officers, directors, employees, shareholders or agents shall not be liable for any direct, indirect, punitive, exemplary, or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use any of the Programs or Sites, the content or the materials contained in or accessed through the Programs or Sites, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Yogurtland, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Yogurtland's records, programs or services. Except where prohibited by applicable law, in no event shall the aggregate liability of Yogurtland, whether in contract, warranty, tort, product liability, strict liability or other theory, arising out of or relating to the use of or inability to use any of the Programs or Sites exceed any compensation you pay, if any, to Yogurtland for access to or use of the Programs or Sites.
Programs and Sites Disclaimer
The materials and information in or on the Programs or Sites may include technical inaccuracies or typographical errors. The materials, information and services on the Programs and Sites are provided "as is" without any conditions, warranties or other terms of any kind. To the maximum extent permitted by applicable law, Yogurtland disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Programs and Sites and the information, content and materials contained therein.
You agree to defend, indemnify and hold harmless Yogurtland, its independent contractors, service providers and consultants, and each of their respective owners, affiliates, directors, officers, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of any of the Programs or Sites; (b) any User Content or Ideas you provide; (c) your violation of these Terms and Conditions; (d) your violation of any rights of another; or (e) your conduct in connection with any of the Programs or Sites.
Yogurtland reserves the right to modify or discontinue, temporarily or permanently, any or all of the Programs and Sites or any features or portions thereof without prior notice. You agree that Yogurtland will not be liable for any modification, suspension or discontinuance of the Programs or Sites in whole or in part.
Jurisdiction and Compliance with Laws
Access to and use of the Programs and Sites and these Terms and Conditions are governed by U. S. federal law and/or the laws of the State of California, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Programs or Sites or these Terms and Conditions shall be instituted only in a state or federal court located in Orange County, California. You and Yogurtland agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Notwithstanding any other of these Terms and Conditions, Yogurtland reserves the right, without notice and in its sole discretion, to terminate your license to use any of all of the Programs and Sites and to block or prevent your future access to, and use of, the Programs or Sites.
If any provision of these Terms and Conditions shall be deemed by an appropriate authority to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
We welcome your comments and questions regarding any aspect or feature of the Programs or Sites or our mobile app.
Please contact us at:
Yogurtland Franchising, Inc.
17801 Cartwright Road
Irvine, CA 92614
ATTN: Real Rewards™
© 2015 Yogurtland Franchising, Inc. All rights reserved.
Yogurtland® and Real Rewards™ are trademarks of Yogurtland Franchising, Inc.