Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below.
2. Purpose of Tutti Frutti Frozen Yogurt® Website
This Website is to provide you with information about our company’s products which you may be interested in.
3. Electronic Communications
Accessing and browsing the Website or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under 18, you may use the Website only with permission of a parent or guardian.
4. Links to Third Party Websites
This Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Tutti Frutti Frozen Yogurt® or otherwise used by Tutti Frutti Frozen Yogurt® as permitted by law.
In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6. Digital Millennium Copyright Act (“DMCA”) Notice
On the other hand, if you believe any material available on the Website infringes a copyright you own or control, you may file a notification of such infringement with us at:
Tutti Frutti Frozen Yogurt®
Please see Article 17 US Code Section 512(c)(3) for the requirements of a proper notification.
7. License to Use
Permission is granted to temporarily download one copy of the materials (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
• modify or copy the materials;
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
8. Change of Use
Tutti Frutti Frozen Yogurt® reserves the right to:
We may terminate your access to the Website, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Disclaimers and Limitation of Liability
The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
We make no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
13. Governing Law
Any claim relating to the Website shall be governed by the laws of the State of California without regard to its conflict of law provisions.
15. Contacting us
Tutti Frutti Frozen Yogurt®