By accessing, browsing and/or using this web site, www.Zingafroyo.com, and all of its related linked web pages which refer to or directly or indirectly relate to or are used by or in connection with the Services, Zing, us, other participants in the System (collectively, the “Site”), you acknowledge that you have read, understand, and agree to be bound by this Agreement and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to be bound by this Agreement (if you click on the “I DO NOT ACCEPT” button at the end of this Agreement), you will not be permitted to use this Site or Services. See Below. So, by accessing or using the Site or any of the Services, you accept and agree to be legally bound by this Agreement, as it may be amended or supplemented from time to time by us (as further described below), and agree to all of our operating rules and/or policies and the Services that may be approved by us and published by us on the Site. We have other operating rules and policies and a separate Copyright Notice and Takedown Policy relating to the Site and the Services generally. All these rules and policies are incorporated into this Agreement by this reference.
Further, certain areas of the Site and the Services, including, without limitation, sales information, promotional programs, give-aways, contests and the like may require you to register or provide certain information with or to us and/or be subject to additional terms and conditions. Unless so indicated in such agreement, this Agreement does not modify, alter or amend any other agreement you have entered or will enter into with us, any of our related or affiliated entities or Zinga. However, to the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional Services on the Site, conflicts with any provision of your other agreements with either or both of us, any of our related or affiliated entities or Zinga , the terms of such other conflicting term(s) of this Agreement will govern.
1. ABOUT US.
Zinga is a franchisor which operates a franchise system (the “System”) of independently owned and operated self-serve frozen yogurt shop Franchise business franchisees (“Zinga ”). Zinga operate under our trademarks, service marks, trade names, electronic identifiers (like e-mail addresses, domain names, URL’s), trade dress, color schemes and slogans (collectively, the “Marks”), and various copyrighted materials in which we claim copyrights, regardless of whether we have registered or filed for them (the “Copyrights”). Zinga offers products and services to customers through their independently owned and operated stores. We are not responsible to you for the acts or omissions of any Zinga store.
2. ON LINE CONDUCT.
Any conduct by you that we believe restricts or inhibits any other user from using or enjoying this Site, is harmful or disruptive to our System, is disruptive towards any Zinga or which could breach any agreement between us and any third party is prohibited. You agree to use this Site only for lawful purposes. You are prohibited from posting any item on this Site and transmitting through this Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Therefore, without limitation, we may terminate your access, or suspend any third party’s access to all or part of this Site, without notice, for any conduct that it believes is harmful to us, our affiliates, suppliers, vendors, Zinga or any other third party, interferes with or is harmful to our relationships with Zinga or third parties, is in violation of any applicable law, or is harmful to the interests of another user, any third party or Zinga.
3. PRODUCTS AND SERVICES AVAILABILITY.
Product and Services availability in connection with the System is subject to change without notice and may not be uniform among Zinga. Through this Site Zinga may provide access to international, state, regional, market specific or time sensitive information, which information may contain references or cross references to Services and other products, programs, and services that are not currently available in your country, state or market area. Any Zinga’s provision of references to such products, programs and services does not necessarily mean or otherwise imply that the products, programs and services announced or discussed are available at all or any times in all countries, states, market areas or by every or any Zinga franchise. Also, Zinga is operating in some, but not all, markets within the United States and foreign jurisdictions. We reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, some or all of the Materials (defined below) or Services, with or without notice. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that we will not be liable to you for any modification, general suspension or discontinuance of any Services or Materials. We may refuse or restrict anyone from access to any or all of the Services at any time.
All content included on this Site, such as artwork, the Marks, other text, graphics, logos, button icons, images and software (collectively, the “Materials”), is our property or our content suppliers’ or licensors’ property and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is our exclusive property and protected by U.S. and international copyright laws. All software used on this Site is our or our software suppliers’ or licensors’ property and protected by U.S. and international copyright laws and other intellectual property protections. Except as otherwise incorporated in rate production work, the content and software on this Site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, removal or deletion of the Materials on this Site by you, in whole or in part, is strictly prohibited. Nothing contained in this Agreement will be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of us, any Zinga or any third party. Except as expressly permitted by this Agreement or permitted by the fair use privilege under the U.S. copyright laws, you may not upload, post, reproduce, or distribute in any way Materials protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any of our Zinga or other third parties’ intellectual property available on or through this Site may not be used in connection with any product or Service that is different than the product or service with which it is connected to on this Site or in any manner that is likely to cause confusion among customers, disparages or discredits us or Zinga or a third party or diminishes the value of our, any Zinga’s or a third party’s intellectual property.
Without limiting the foregoing, the Marks, including without limitation, trademarks, trade names, logos, color schemes, service marks, slogans, and similar means of identifying products or services associated with us or Zinga displayed on any web pages or e-mail sites as part of the Site, including without limitation, the term “ZINGA – World’s Best Frozen Yogurt” are our or our licensors’ registered and/or common law, trademarks, trade names, copyrights or other marks or intellectual property. Other than the trademark, service marks or Copyrights of third parties (other than us) we designate that are clearly indicated as such by a designation of an “©” followed by a clear indication of the identity of such party claiming ownership which are posted to or incorporated into this Site or the Services (collectively, “Third Party Marks”), all content and Materials on the Site including, without limitation, the Marks, button icons, images, audio clips, and software, copyrights, patents and other similar forms of intellectual property included in the Services, are our property or our licensors’ and are protected by U.S. and international copyright, patent, trademarks, and other proprietary rights and intellectual property rights laws. No copying or exploitation of Materials or the Services is permitted without our express written permission and any other applicable copyright owner. Without limiting, but subject to the foregoing, except as contemplated by your participation in consumer use of this Site as a shopping resource:
(a) You may not copy, reproduce, republish, upload, post, transmit, sell, distribute, transfer or modify any of the content, data, information or Materials found on the Site;
(b) You will not use the Marks or other Materials on any site which you operate, authorize or control without our express written permission;
(c) You may not use the Marks or other Materials in any search engine descriptions, content, meta-tags, “white lettering”, key words, or other means of directing or influencing web traffic to any website or e-mail operated, controlled or authorized by you without our express written permission and your doing so constitutes a violation of our rights under U.S. Federal law, U.S. States’ laws, and other international laws and a breach of this Agreement;
(d) You will not adopt or use any names, trademarks, slogans, trade names, trademarks, service marks, e-mail addresses, URLs, meta-tags, key words, search descriptions or the like that are the same or are confusingly similar to the Marks or other Materials. You will not submit information to be maintained or displayed by search engines which incorporates the Marks or any Marks or other Materials that are confusingly similar to the Marks or other Materials. You acknowledge that you do not acquire any ownership or license rights by virtue of downloading the Marks or Materials from the Services or by virtue of your resale of the Services. All rights not expressly granted under this Agreement are expressly reserved to us. If you believe your rights under applicable copyright laws are being infringed, you may notify the Zinga’s designated agent by emailing: email@example.com and following the posted instructions provided to you in our Copyright Notice and Takedown Policy.
5. ZINGA RESERVES THE RIGHT TO REVISE THIS AGREEMENT.
The Materials published on this Site may include technical inaccuracies or typographical errors. Changes – including, without limitation, quoted prices, delivery times, payment policies and the like – may be made periodically to the Materials. The Zinga may also make improvements and/or changes in the Services and other products and other services and/or the programs or policies described in the Materials at any time without notice. We reserve the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement, and to impose new or additional rules, policies, terms or conditions on your use of the Site or the Services. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement upon our publishing them on the Site, which may be given by any means we designate, including by our posting to the Site. Your continued use of the Site or Services following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All such Additional Terms are and will be incorporated into this Agreement by this reference.
6. ACCOUNT PASSWORD AND USER ID.
The Services offered via the Site or your participation in various promotional programs, give-aways, contests, product ordering and the like may require that: you become a registered user of the Services, you must receive or establish one or more confidential individually identifiable passwords (a “Password”); utilize a number that identifies your participation in such program, contest, give-away purchases or the like (a “Username”) and/or utilize an identifiable number to indicate your identity purposes of tracking purchases or its usage of the Site (a “Customer Number”); or obtain and utilize such other accounts or passwords in the manner we designate. Generally, we may publish your Customer Number on invoices, purchase orders and other communications between us and our affiliates, suppliers and Zinga . Maintaining the confidentiality and security of your Customer Number and Password, and the Username, if any, is solely your responsibility. Accordingly, you will maintain the security and confidentiality of them. You must not, and agree not to divulge your Password, Customer Number or the Username and/or other passwords or account information to any third party, except as directed in accordance with security policies and procedures Zinga may establish from time to time. You are entirely responsible for all activities that occur through your Username, Password(s) and/or Customer Number, and you agree to notify Zinga immediately about any unauthorized use of them, or any other breach of security. You agree that we, our affiliates and Zinga will not be responsible for any losses incurred in connection with any misuse of or failure to Passwords, Username or Customer Numbers, nor will they have any responsibility to you whatsoever, directly or indirectly, for them if you fail to comply with this Agreement.
8. IP ADDRESSES AND COOKIES.
The Zinga uses your website address or e-mail address (collectively, an “IP address”) and telephone number to share it within the System, to help diagnose problems with our servers or Zinga’s computer systems and to administer the Site or our sites and for security purposes. Your IP address is used to help identify you accurately and to gather general demographic and business information.
9. THIRD PARTY SITES AND LINKS.
10. POLICY CHANGES.
From time to time, we or our designees may use data for new, unanticipated uses not previously described in this Agreement or develop new or different terms and conditions of use of our Sites. If our information and data use practices change at some time in the future, the Zinga will post those changes on the Site, and provide you with the ability to revoke your acceptance to this Agreement and participation in the Site or use or purchase of the Services. If you are concerned about how your information is used or disclosed, and to monitor changes to this Agreement, please check this Agreement on-line from time to time.
11. DISCLAIMED RISKS:
(a) YOUR USE OF THE SITE AND THE SERVICES ARE AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OF TITLE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, WE DO NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, POSTED OR ESTIMATED FEES FOR PRODUCTS OR SERVICES, ARE APPROPRIATE, ACCURATE OR WILL BE HONORED BY US, ZINGA OR ANY ZINGA IN ANY PARTICULAR JURISDICTION, AND ACCESSING OR PURCHASING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED.
(b) YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WE, OUR AFFILIATES NOR ANY ZINGA WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US, OUR AFFILIATES OR ANY ZINGA FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO FIFTY DOLLARS ($50).
(c) THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITE OR SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE SITE OR THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMIT