Welcome to the YoCream Frozen Yogurt website, www.yocreamfrozenyogurt.com (the "Site"). By accessing this Site, you agree to be bound by the terms and conditions below (the "Terms"). If you do not agree to all of the Terms, please do not use the Site. Yocream International, Inc. may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.
COPYRIGHT AND TRADEMARK NOTICE
This Site and its contents, including but not limited to, text, photographs, graphics, illustrations, artwork, user interfaces, visual interfaces, video, sound and other material (all such content collectively referred to as "Content"), and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, are protected under United States and international copyright laws and are the property of YoCream International, Inc.. or its third party licensors. All rights are reserved by YoCream International, Inc. All logos, splash screens, page headers, custom graphics and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, "Marks") of Yocream International, Inc. or its third party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of YoCream International, Inc. is prohibited and may violate the copyright, trademark or unfair competition laws of the United States and/or other countries.
YOUR COMMENTS AND TRANSMISSIONS
We appreciate your comments, remarks, feedback, suggestions, ideas, inventions, artwork, developments, concepts, and other types of communications and submissions you disclose or transmit to us (collectively, "Submissions"). So long as no personally identifiable information is disclosed, YoCream International, Inc. is free to use the Submissions for any purpose whatsoever. By making a Submission, you grant YoCream International, Inc. and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, publicly display, develop, manufacture, advertise, and market your Submissions and any related copyrights, moral rights or other intellectual property rights therein. Any such use is without compensation to you. By making a Submission, you also warrant that you own the material/content submitted, that it is original, that it is not defamatory, and that YoCream International, Inc.'s use of the Submission will not violate any third party's rights. Yocream International, Inc. is under no obligation to use any Submission or any part thereof.
INDEMNIFICATION
You agree to defend, indemnify and hold YoCream International, Inc. and each of its subsidiaries, affiliates, franchisees, licensees, officers, directors employees and agents, harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including reasonable fees and expenses of counsel, incurred or suffered by them and arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.
MODIFICATIONS TO THE SITE
YoCream International, Inc. reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site including but not limited to content, features or hours of availability. YoCream International, Inc. may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
PRIVACY
Our Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view our Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
DISCLAIMER
THIS SITE, ITS CONTENTS, FUNCTIONS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOCREAM INTERNATIONAL, INC. EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOCREAM INTERNATIONAL, INC. DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL YOCREAM, INTERNATIONAL, INC. OR ANY OF ITS SUBSIDIARIES, AFFILIATES, FRANCHISEES, LICENSEES, OFFICERS, DIRECTORS EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
GOVERNING LAW
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Oregon without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Multnomah, Oregon, and waive any objection to such jurisdiction or venue.
GENERAL PROVISIONS
These Terms constitute a binding agreement between you and YoCream International, Inc., and supercede all prior agreements between the parties regarding the subject matter herein. If any provision of the Terms shall be found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. The Terms are effective until terminated by you YoCream International, Inc., which Yocream International, Inc. may do at any time, without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site. All provisions of the Terms regarding representations, warranties, indemnification, disclaimers, and limitations of liability shall survive the termination of the Terms.
If you have any questions or comments about these Terms of Use, please call us at 1-800-YOCREAM or contact us via e-mail at info@yocreamfrozenyogurt.com.